


*0*0" 



Q t O 

v ^ ° 

^ ,0^ 6 o « « * * * * * Ap .1'** 

Vy 0 • . O A’ l" &’/t?7?-,'' rsr 

+^rA .V^HV- ^ ^rA 

o v i S1JSS’> I 0 " 7 * 4> **> » 

A V^vVA .. vw^\A V^vV A .. v'*. t.* 

Y '°'- % A ^ A ►,;A‘il- % A otefr % «, 
-- A -**«•- \A '-^ AO *- ^ "• A * 

a> A iP J 

* <f? 

* j y v . • MS' i$a * 




o *^v 

° °Cp9 

,* A ^ •_ 

4 A <\ *o • a * <6 w, -••> v»- 'v > 

»* 1 «« <$>> Or & 0 M ° ♦ ^o A" * u ' * * j 

"O ■vffr •» C •Vs^tv ^ o J-^jyTTn-. •* v~ C • 

A ^ r .‘.^ftr- o* 0 A % r * 



° ^ C! 

% ^ o 

O <V^ o 

* <y ^ ° 



♦ j? ^ 

AT V 






* I -I 


^ « - nn VXN s, 

, V -* ..<-•■ ^ v-»v % * 

° Va C^ ♦ ^iiBv^ « %<* aV * A /hs° 

r \>^v * &*Sa£J//L O 

^ c7 -* 

<v, o *'T1T^ A <, ^ A 

^ (V o«o ^ A^ „ t »» <^. 0 v o«o * ^ Q A 

%r c ^ - 2 T ♦> / ^,% v. /^w;. ^ ♦* 






A’ ^ 




* S O - •» 

% *•'•■* 4° 

V ^ • °* o. <0 

%/ : 

« * 

* 4y *& ° 


• A v ^ v- -H--* A’J »*^M' 

c A * 

°, 'V V » 

» *o 

- '*amr%* V * “. 

..V A <» 'o'.* o 

o ,jv t • *•' *. **^j o* o 0 w ® o ^o ^ v ^ • *■ 1 * ' 

^ ^M rA oV^^tV" °^ 0 ^ .4 r. 


* /• *P ^ A J 

♦ 47 ^ • 

4 V <k ** 







• ** <? * 


•k A ^ * 

i - .-or «► 

'o * A .G v ♦ 

K or . o * o M 

% C° •%«*.*' °o 

++# .*»^v- •« 





w * o c* • 

,‘ J. 0 '% *” 

■x A **" v O 
•o ^ A' 

° ^<3 

. ,^ n 

* 4? ^ 

* 4 ^ & * 

9 - 4. r \> V # A * 4 G O. 

4 ^ # t 1 ^ ^ <£* rj» r ° M ° + 

A .*v»j®&\ ^ c° 




/ ^ -. 

* <L^ O *■ -c^v- ■% 

V V *•*’* 

^ v' vi'i:% %, x-J 

• r£* Or' * f(\\ «» A° ^ 

** vc • £^$/ / 0j ° 

* \P_ a 


* VV 




0 0 ^ - 




f . e V‘^-’A .. V^V A V^* 



* /o vP J ^ 

* \ 



'<u ' 1 1 ^° * © «o 0 jr O vO' 

4? »»i^* ^ V .**.. ’V ,9 f 

vv* ♦ pcC\ A* ^ cy * * 

_r** x* V^VV «V ^ ^ 

v ^ A • 11 •« o^ c 0 " ° * *^o * * . ^ t * s *<j 


++$ 


j? » 



5 lA <* * A * 0 

< & # t ^ a ^ /\V 

^ »‘ia«^r ^ o° 

• Cr ° 

• Sfe* i cw • .< ^ ° 


OIW ^b* 7 ".fBg; »Wf; 

'o • * * ,0 V % *?XTi A <, -f.T* ,G* 

.Qr o ° N ° + <3 0 t # a ^ aV o w o 

C*. , c <V5§$!hrC» ° W* .‘rffe’ ^ 0° .• '- * 

^o* -%v* ct| 5»* ^d« •*. 


^ * ° - 0 ° <* ~*u 

'♦ <?■ V v « y * o* ^v 

0>- -C, *• A 61 . • *f>. x'D' 

* >f- .# ’MA” .<£ ♦ 


r v jp-^k -life 

„ - r ,* n o ■% “ , >' 1 !^‘.‘ Jy o _ 

' 4 , *•.»■■>• A 0 <i> »o »o 0 O. ».,i* 

.9 ,•v*, O- v % »< • “- 

^ t <• jv >*. ► A (2 ^ • v* J 

*.r\ \></ /1 



o V^<v 

; 

Q 4 

w ^ aV V 

^ '00 S ^ A 

A> 






























9//9A c “ 


T BE E ' 


ELECTION LAWS 


OF 


PENNSYLVANIA: 

DIGESTED AND ARRANGED, 

’WITH 




■f 


Under Authority of a Resolution of the Senate and. House of Rejresentatiyes 


TO THE YEAR 1872, INCLUSIVE. 


K,<** ' 

By JORDAN, 

Secretary of the Commonwealth. 


SECOND EDITION. 



HARRISBURG: 

B. SINGERLY, STATE PRINTER. 
1872. 








PUBLISHED BY AUTHORITY. 


i 


Entered according to act of Congress, in the year 1872, by 
B. SINGEELY, 

In the Office of the Librarian of Congress, at Washington, D. C. 











t 





































t 








































4 































\ 














* 
















































































» 


















































Commonwealth of Pennsylvania:"! 

Senate Chamber, ^ 

Harrisburg , April 6, 1868. J 

Resolved , That (if the House of Eepresentatives concur) the Sec¬ 
retary of the Commonwealth be and he is hereby directed to com¬ 
pile the election laws of the State, and have the same printed, and 
furnish a sufficient number to the commissioners of the several 
counties for distribution to the several election districts therein ; 
and-that ten thousand copies of the same be printed in pamphlet 
form for the use of the Senate and House of Eepresentatives. 

Extract from the Journal. 

GEO. W. HAMEESLY, 

Cleric of the Senate. 


In the House of Eepresentatives, 
April 7, 1868. 


Resolved , That the House concur. 
Extract from the Journal. 


JAS. L. SELEEIDGE, 

Cleric of the House. 



' EXPLANATORY NOTE. 


State op Pennsylvania: 


Office of the Secretary of the Com 
Harrisburg, August 1, 1868. 


Commonwealth, 


J 


This volume has been compiled in compliance with the authority 
conferred by the foregoing resolution of the Legislature. Besides 
extracts from the Constitution of the United States, from acts of 
Congress, and from the Constitution of Pennsylvania, the book 
contains the whole, or parts, of one hundred and sixteen different 
^icts of the General Assembly, on the subject of elections, now be¬ 
lieved to be in force, and covering a period of sixty-nine years, 
from the 11th April, 1799, to the 6th April, 1868. The object has 
been to include all existing laws on elections, and to exclude all 
which have been repealed, supplied or become obsolete; and at 
the same time to arrange everything under such appropriate divi¬ 
sions and sub-divisions, as to be easily found. This has been a 
most difficult task, by reason of the variety of things often con¬ 
tained in th<e same section. A separation of the parts would fre¬ 
quently impair the sense; and in such cases the course.adopted 
has been to insert the section under some one of the appropriate 
heads, and to make a full and exhaustive index to the whole. It 
is apparent that many parts of the law could be greatly abbre¬ 
viated and simplified by re-writing; but it has been thought better 
to retain present repetitions, and other imperfections, rather than 
attempt their correction without clear authority for the purpose. 

Only the general laws are given, and special laws for the several 
counties. The chapter on Philadelphia is no exceptiou, that 
being a county as well as a city. 

An attempt to include the various city, township and borough 
election laws, would have greatly increased the size of the book, 
and necessarily made the publication too late for the elections o! 


1868. 



6 


PREFACE TO SECOND EDITION. 


Foot notes are added to the principal chapters, showing the 
dates of the several sections, and the acts from which they are 
compiled; and also other notes of explanation, and of reference 
to the principal decisions of the courts, on the various questions 
heretofore raised; and the concluding chapter is a carefully pre¬ 
pared digest of all important judicial decisions on the subject ol 
elections down to the present time. 

The preparation of the book has involved an amount of research 
and labor entirely disproportioned to its size, which only those 
familiar with such subjects can properly appreciate. There is no 
claim to infallibility; but the work is confidently submitted to the 
public, with the conviction that no/reasonable effort has been 
spared to make it complete, and in the liope it will answer the 
purposes contemplated by the Legislature. 

F. JOED AN, 

(Secretary of the Commonwealth . 


PREFACE TO SECOND EDITION. 


Since the original publication of this work, in 1868, a new edi¬ 
tion has become necessary, by reason of the adoption of the fif¬ 
teenth amendment to the Constitution of the United States, and 
the enactment of acts of Congress to enforce it, and the passage 
of the registry law in 1869, and of sundry other statutes on the 
subject of elections by our State Legislature. In this edition two. 
new chapters have been added; one containing the registry laws 
and the other the usual forms needed by election officers. Besides 
these the other enactments of the Legislature since 1868, and the 
naturalization laws of Congress, have been incorporated under the 
proper heads; and the recent decisions of the courts have also 
been added, together with a new and complete index, thus clearly 
and fully presenting the laws on the important subject of elections 
as they exist at the present time. 

Harrisburg, September 10, 1872. 




t 


CONTENTS. 

Chapter I.—Extracts from the Constitution ot the United 
States, and from sundry acts of Congress, relating to elections. 

Chapter II.—Extracts from Constitution of Pennsylvania. 
Chapter III.—Eegistry laws. 

Chapter IV.—A digest of the general election laws, arranged 
under appropriate heads. 

Chapter V.—Contested elections. 

Chapter YI.—Laws regulating elections by citizens in mili¬ 
tary service. 

Chapter VII.—Special laws for the city of Philadelphia. 
Chapter YIII.—Special laws for sundry counties and cities. 
Ch apter IX.—Forms. 

Chapter X.—Judicial decisions. 


* 















CHAPTER I. 


EXTRACTS FROM 

THE CONSTITUTION OF THE UNITED STATES, 


SUNDRY ACTS OF CONGRESS. 


ARTICLE I. 

A. Constitution. 

Section 2. The House of Representatives shall he House of Rep- 
composed of members chosen every second year by the resentatlves - 
people of the several states; and the electors in each 
state shall have the qualifications requisite for electors 
of the most numerous branch of the state legislature. 

When vacancies happen in the representation from Vacancies, 
any state, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

Section 4. The times, places and manner of holding Senate, and 
elections for senators and representatives shall be pre- of elec_ 
scribed in each state by the legislature thereof; but the lon 
Congress may at any time by law make or alter such 
regulations, except as to the place of choosing senators. 

ARTICLE II. 

Section 1. The executive power shall be vested in president, 
a President of the United States of America. He shall 
hold his office during the term of four years, and to- Term of office, 
gether with the Vice President, chosen for the same 
term, be elected as follows: 

Each state shall appoint, in such manner as the legis- Mode of eiec- 
lature thereof may direct, a number of electors equal tion - 
to the whole number of senators and representatives 
to which the state may be entitled in the Congress; 
but no senator or representative, or person holding an 
office of trust or profit under the United States, shall 
be appointed an elector. 




10 


CONSTITUTION AND LAWS [Cliap. I. 


Election of 
President and 
Vice President. 


I ’ 


Vice President. 


Amendments. 

ARTICLE XII. (a) 

The electors shall meet in their respective states, and 
vote by ballot for President and Vice President; one 
of whom at least shall not be an inhabitant of the same 
state with themselves; they shall name in their ballots 
the person voted for as President, and in distinct bal¬ 
lots the person voted for as Vice President; and they 
shall make distinct lists of all persons voted for as 
President, and of all persons voted for as Vice Presi¬ 
dent, and of the number of votes for each, which list 
they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed 
to the president of the Senate; the president of the 
Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the 
votes shall then be counted; the person having the 
greatest number of votes for President shall be the 
President, if such number be a majority of the whole 
number of electors appointed; and if no person have 
such majority, then from the persons having the high¬ 
est numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives 
shall choose immediately by ballot the President. B ut 
in choosing the President, the vote shall be taken by 
states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the states, and 
a majority of all the states shall be necessary to a 
choice. And if the House of Representatives shall 
not choose a President whenever the right of choice 
shall devolve upon them, before ^he fourth day of 
March next following, then the Vice President shall 
act as President, as in the case of the death or other 
constitutional disability of the President. 

2. The person having the greatest number of votes 
as Vice President shall be Vice President, if such num¬ 
ber be a majority of the whole number of electors ap¬ 
pointed ; and if no person have a majority, then from 
the two highest numbers on the list the Senate shall 
choose the Vice President; a quorum for the purpose 
shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall 
be necessary to a choice. 


(a) This amendment was proposed by Congress in 1803, and ratified 
by the required number of states. 



OF THE UNITED STATES. 


11 


Gliap. E.] 

3. But no person constitutionally ineligible to the Eligibility, 
office of President shall be eligible to that of Vice 
President of the United States. 

ARTICLE XIY. 

Section 1. All x>ersons born or naturalized in the Citizenship and 
United States, and subject to the jurisdiction thereof, rights thereof, 
are citizens of the United States and of the state where¬ 
in they reside; no state shall make or enforce any law 
which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state de¬ 
prive any person of life, liberty or property without 
due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned Apportionment 
among the several states according to their respective oURepresenta- 
numbers, counting the whole number of persons in 
each state, excluding Indians not taxed; but when 
the right to vote at any election for the choice of elec¬ 
tors for President and Vice President of the United 
States, representatives in Congress, the executive and 
judicial officers of a state, or the members of the legis¬ 
lature thereof, is denied to any of the male inhabitants 
of such state, being twenty-one years of age, and citi¬ 
zens of the United States, or in any way abridged, ex¬ 
cept for participation in rebellion or other crime, the 
basis of representation therein shall be reduced in the 
proportion which the number of such male citizens 
shall bear to the whole number of male citizens twen¬ 
ty--one years of age in such state. 

Section 3. No person shall be a senator or repre- Disquaimca- 
sentative in Congress, or elector of President and Vice tion of sundl '.y 
President, or hold any office, civil or military, under persons - 
the United States, or under any state, who having 
previously taken an oath as a member of Congress, 
or as an officer of the United States, or as a member 
of any state legislature, or as an executive or judicial 
officer, of any state, to support the constitution of the 
United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to 
the enemies thereof; but Congress may, by a vote of 
two-thirds of each house, remove such disability. 

ARTICLE XV. (Amendment.) 

Section 1. The right of citizens of the United States Right to vote 
to vote shall not be denied or abridged by the United ^ot effected by 
States, or by any state, on account of race, color or color ’ 
previous condition of servitude. 


12 


CONSTITUTION AND LAWS [Cliap. I. 


apportionment 
of electors. 


Number. 


When to meet 
and vote. 


Three certifi¬ 
cates to be 
signed. 


Messenger to 
be appointed. 


Section 2. The Congress shall have power to en¬ 
force this article by appropriate legislation. 

B. Acts of Congress. 

Act of Congress , Approved March 1, 1792. 

Section 1. Except in case of an election of a Presi¬ 
dent and Vice President of the United States, prior 
to the ordinary period as hereinafter specified, electors 
shall be appointed in each state for the election of a 
President and Vice President of the United States, 
within thirty-four days preceding the first Wednesday 
in December, 1792, and [within thirty-four days pre¬ 
ceding the first Wednesday in December] (a) in every 
fourth year succeeding the last election ; which elec¬ 
tors shall be equal to the number of senators and rep¬ 
resentatives, to which the several states may by law 
be entitled, at the time, when the President and Vice 
President, thus to be chosen, should come into office: 
Provided always , That where no apportionment of rep¬ 
resentatives shall have been made after any enumera¬ 
tion, at the time of choosing electors, then the number 
of electors shall be according to the existing appor¬ 
tionment of senators and representatives. 

Section 2. The electors shall meet and give their 
votes on the said first Wednesday in December, at 
such place in each state as shall be directed by the 
legislature thereof; and the electors in each state shall 
make and sign three certificates of all the votes by 
them given, and shall seal up the same, certifying on 
each that a list of the votes of such state tor Presi¬ 
dent and Vice President is contained therein, and 
shall by writing under their hands, or under the hands 
of a majority of them, appoint a person to take charge 
of and deliver to the president of the Senate, at the 


seat of government, before the first Wednesday in 
January the next ensuing, one of the said certificates ; 
How certificates and the said electors shall forthwith forward by the 
post office to the president of the Senate, at the seat 
of government, one other of the said certificates, and 
shall forthwith cause the other of the said certificates 
to be delivered to the judge of that district in which 
the said electors shall assemble. 

Section 3. The executive authority of each state 
shall cause three lists of the names of the electors of 
such state to be made and certified, and to be deliv¬ 
ered to the electors, on or before the said first Wednes- 

O) Time in brackets changed to “ the Tuesday next after the first 
Monday in November of the year in which they are appointedbv 
section 1 of act of 23d January, 1845, post page 13. 


to £>e disposed 
of. 


Three lists of 
electors to be 
made out. 



13 


Obap. I.] OF THE UNITED STATES. 

ilay in December; and tbe said electors shall annex 
one of tbe said lists to each of the lists of their votes. 

Section 4. If a list of votes, from any state, shall Proceedings if 
not have been received at tbe seat of government on lists of votes be 
the said first Wednesday in January, that then the secre- not receive * 
tary of state shall send a special messenger to the 
district judge in whose custody such list shall have 
been lodged, who shall forthwith transmit the same to 
the seat of government. 

Section 5. Congress shall be in session on the sec- when lists to 
ond Wednesday in February, one thousand seven him- and 

dred and ninety-three, and on the second Wednesday coun e ' 
in February succeeding every meeting of the electors, 
and the said certificates, or so many of them as shall 
have been received, shall then be opened, the votes 
counted, and the persons who shall fill the offices of 
President and Vice President ascertained and declared, 
agreeably to the constitution, (a) 

Section 6. In case there shall be no president of To whom lists 
the Senate at the seat of government on the arrival to be dehyered - 
of the persons entrusted with the list of the votes of 
the electors, then such persons shall deliver the lists 
of votes in their custody into the office of the secre¬ 
tary of state, to be safely kept and delivered over as 
soon as may be, bo the president of the Senate. 

Section 8 If any person appointed to deliver the penalty for ne- 
votes of the electors to the president of the Senate, gi ect to dehver - 
shall, after accepting of his appointment, neglect to 
perforin the services required ot him by this act, he 
shall forfeit the sum of one thousand dollars. 

Section b. In case of removal, death, resignation Who to act a » 
or inability of both the President and Vice President President m 
of the United States, the peesident of the Senate pro case of death, 
tempore , and in case there shall be no president of the 
Senate, then the speaker of the House of Represen¬ 
tatives, tor the time being, shall act as President of the 
United States until the disability be removed or a 
President shall be elected. 

Section 10. Whenever the offices of President and Election to sup- 
Vice President shall both become vacant, the secre-ply vacancy, 
tary of state shall forthwith cause a notification thereof 
to be made to the executive of every state, and shall also 
cause the same to be published in at least one of the 
newspapers printed in each state, specifying that elec¬ 
tors of the President of the United States shall be 
appointed or chosen in the several states within thirty- 
four days preceding the first Wednesday in December 


(«) Section 12, amendment to the constitution, ante % which was 
adopted after the passage of this act. 




14 


Only evidence 
of refusal to ac 
cept. 


When term to 
commence. 


Compensation 
* of messenger. 


When electors 
to be chosen. 


How vacancies 
filled. 


CONSTITUTION AND LAWS [Ohap. I. 

then next ensuing: Provided , That there be the space of 
two months between the date of such notification and 
the said first Wednesday in December; but if there 
shall not be the space of two months between the date 
of such notification and the first Wednesday in De¬ 
cember, and if the term for which the President and 
Vice President last in office were elected shall not ex¬ 
pire on the third day of March next ensuing, then the 
secretary of state shall specify in the notification that 
the electors shall be appointed or chosen within thirty- 
four days preceding the first Wednesday in December 
in the year next ensuing; within which time the elec¬ 
tors shall accordingly be appointed or chosen, and the 
electors shall meet and give their votes on the said 
first Wednesday in December, and the proceedings 
and duties of the said electors and others shall be pur¬ 
suant to the directions prescribed in this act. 

Section 11. The only evidence of a refusal to ac- 
■ cept, or of a resignation of the office of President or 
Vice President, shall be an instrument in writing de¬ 
claring the same, and subscribed by the person re¬ 
fusing to accept or resigning, as the case may be, and 
delivered into the office of the secretary of state. 

Section 12. The term of four years, for which a 
President and Vice President shall be elected, shall, 
in all cases, commence on the fourth day of March 
next succeeding the day on which the votes of the 
electors shall have been given. 

Act of Congress , approved February 11, 1825. 

Section 1 . The person appointed by the electors 
to deliver to the president of the Senate a list of the 
votes for President and Vice President, shall be al¬ 
lowed, on delivery of said list, twenty-five cents for 
every mile of the estimated distance, by the most 
usual route, from the place of meeting of the electors 
to the seat of government of the United States, going 
and returning. 

Act of Congress , approved January 23,1845. 

Section 1 . The electors of President and Vice Pres¬ 
ident shall be appointed, in each State, on the Tuesday 
next after the first Monday in the month of No¬ 
vember of the year in which they are to be appointed: 
Provided , That each state may, by law, provide for 
the filling of any vacancy or vacancies which may 
occur in its college of electors, when such college 
meets to give its electoral vote: And provided also , 
When any state shall have held an election for the 


OF THE UNITED STATES. 


15 


Chap. I.] 

purpose of choosing electors, and shall fail to make a 
choice on the day aforesaid, then the electors may be 
appointed on a subsequent day, in such manner as the 
state shall by law provide. 

Act of Congress, approved 14 th July, 1862. 

That in each state entitled in the next and any sue- Bepresenta- 
ceeding Congress to more than one representative, the tives in Con- 
number to which such State is or may be hereafter f^ 8 ^ 6 !^ 04 " 
entitled shall be elected by districts composed of distrLts? 8 e 
contiguous territory, equal in number to the number 
of representatives to which said State may be enti¬ 
tled in the Congress for which said election is held, 
no one district electing more than one representative. 

Extract from act of Congress, approved March 3,1865, dis¬ 
franchising deserters . 

Section 21. And he it further enacted, That, in ad- p ena ity for ad¬ 
dition to the other lawful penalties of the crime of sertion, &c. 
desertion from the military or naval service, all per¬ 
sons who have deserted the military or naval service 
of the United States, who shall not return to said 
service, or report themselves to a provost marshal 
within sixty days after the proclamation hereinafter 
mentioned, shall be deemed and taken to have volun¬ 
tarily relinquished and forfeited their rights of citi- Ri hts as cifci _ 
zenship and their rights to become citizens ; and such zens forfeited, 
deserters shall be forever incapable of holding any 
office of trust or profit under the United States, or of 
exercising any ri^fits of citizens thereof; and all per¬ 
sons who shall hereafter desert the military or naval 
service, and all persons who, being duly enrolled, 
shall , depart the jurisdiction of the district in which Leaving the 
he is enrolled, or go beyond the limits of the United country to 
States, with intent to avoid any draft into the military fJcur ltk^pen- 
or naval service, duly ordered, shall be liable to the aity. 
penalties of this section. And the President is hereby Presideut to 
authorized and required forthwith, on the passage of proclaim this 
this act, to issue his proclamation setting forth the law. 
provisions of this section, in which proclamation the 
President is requested to notify all deserters return¬ 
ing wHhin sixty days, as aforesaid, that they shall be 
pardoned on condition of returning to their regiments 
and companies, or to such other organizations as they 
may be assigned to, until they shall have served for a 
period of time equal to their original term of enlist¬ 
ment. 


1G CONSTITUTION AND LAWS [Chap. I. 

By the President of the United States of America : 

A PROCLAMATION: 

Whereas, The twenty-first section of the act of 
Congress, approved on the third instant, entitled ‘‘An 
Act to amend the several acts heretofore passed to 
provide for the enrolling and calling out the national 
forces, and for other purposes,” requires “that in ad¬ 
dition to the other lawful penalties of the crime of 
desertion from the military or naval service, all per¬ 
sons who have deserted the military or naval service 
of the United States, who shall not return to said 
service, or report themselves to a provost marshal 
within sixty days after the proclamation hereinafter 
mentioned, shall be deemed and taken to have volun¬ 
tarily relinquished and forfeited their rights of citizen¬ 
ship and their rights to become citizens, and such de¬ 
serters shall be forever incapable of holding any office 
of trust or profit under the United States, or of exer¬ 
cising any rights of citizens thereof; and all persons 
who shall hereafter desert the military or naval ser¬ 
vice, and all persons who, being duly enrolled, shall 
depart the jurisdiction of the district in which he is 
enrolled, or go beyond the limits of the United States 
with intent to avoid any draft into the military or 
naval service, duly ordered, shall be liable to the 
penalties of this section ; and the President is hereby 
authorized and required forthwith, on the passage of 
this act, to issue his proclamation setting forth the 
provisions of this section, in which proclamation the 
President is requested to notify all deserters return¬ 
ing within sixty days as aforesaid, that they shall be 
pardoned on condition of returning to their regiments 
and companies, or to such other organizations as they 
may be assigned to, until they shall have served for 
a period of time equal to their original term of enlist¬ 
ment 

Deserters or- Now, therefore, be it known that I, Abraham Lin- 
dered to return, coin, President of the United States, do issue this my 
proclamation, as required by said act, ordering and 
requiring all deserters to return to their proper posts; 
and I do hereby notify them that all deserters who 
shall, within sixty days from the date of this procla¬ 
mation, viz: On or before the tenth day of May, one 
thousand eight hundred and sixty-five, return to ser¬ 
vice or report themselves to a provost marshal, shall 
Pardon on con- be pardoned, on condition that they return to their 
dition. &c. regiments and companies, or to such other organiza¬ 
tions as they may be assigned to, and serve the re- 


Chap. I.] 


OF THE UNITED STATES. 


17 


mainder of their original terms of enlistment, and, in 
addition thereto, a period equal to the time lost by 
desertion. 

In testimony whereof, I have hereunto set my hand 
and caused the seal of the United States to be affixed. 

[o. s.] Done at the city of Washington, this elev¬ 
enth day of March, in the year of our Lord one thou¬ 
sand eight hundred and sixty-five, and of the inde¬ 
pendence of the United States the eighty-ninth. 

ABB AH AM LINCOLN. 

By the President: 

William H. Seward, Secretary of State. 

AN ACT to regulate the times and manner of holding elections for 
Senators in Congress, approved July twenty-lifth, one thousand 
eight hundred and sixty-six. y 

Section 1. Be it enacted by the Senate and House of 
Representatives of America in Congress assembled , That 
the legislature of each state which shall die chosen what legisia- 
next preceding the expiration of the time for which 
any senator was elected to represent said state in Con- elector .Is. sena- 
gress, shall, on the second Tuesday after the meeting tors, 
and organization thereof, proceed to elect a senator 
in Congress, in the place of such senator so going out 
of office, in the following manner : Each house shall 
openly, by a viva voce of each member present, name Mode of olee 
one person for senator in Congress from said state, tion. 
and the name ot the person so voted for, who shall 
have a majority of the whole number of votes cast in 
each house shall be entered on the journal of each 
house by the clerk or secretary thereof; but if either 
house shall fail to give such majority to any person 
on said day, that fact shall be entered on the journal. 

At twelve o’clock, meridian, of the day following that 
on which proceedings are required to take place, as 
aforesaid, the members of the two houses shall con¬ 
vene in joint assembly, and the journal of each house 
shall then be read, and if the same person shall have 
received a majority of all the votes in each house, such 
person shall be declared duly elected senator to repre¬ 
sent said state in the Congress of the United States; 
but if the same person shall not have received a ma¬ 
jority of the votes in each house, or if either house 
shall have failed to take proceedings as required by 
this act, the joint assembly shall then proceed to 
choose, by a viva voce vote of each member present, a 
person for the purpose aforesaid ; and the person hav¬ 
ing a majority of all the votes of the said joint assem¬ 
bly, a majority of all the members elected to both 
9 


J 


18 


CONSTITUTION AND LAWS 


[Cliap. I. 

bouses being present and voting, shall be declared 
duly elected ; and in case no person shall receive such 
majority on the first day, the joint assembly shall meet 
at twelve o’clock, meridian, of each succeeding day 
during the session of the legislature, and take at least 
one vote until a senator shall be elected. 

Proceedin s to Sbction 2. And he it further enacted , That when- 
tdectTenator to ever, on the meeting of the legislature of any state, 
mi vacancy. a vacancy shall exist in the representation of such 
state in the Senate of the United States, said legisla¬ 
ture shall proceed, on the second Tuesday after the 
commencement and organization of its session, to elect 
a person to fill such vacancy in the manner herein¬ 
before provided for the election of a senator for a full 
term ; and if a vacancy shall happen during the ses¬ 
sion of the legislature, then on the second Tuesday 
after the legislature shall have been organized and 
shall have notice of such vacancy. 

Certificate of Section 3. And he it further enacted , That it shall 
election. be the duty of the governor of the state from which 
any senator shall have been chosen as aforesaid, to 
certify his election, under the seal of the state, to the 
president of the Senate of the United States, which 
certificate shall be countersigned by the secretary of 
state of the state. 

naturalization of aliens. 

Act of Congress , approved April 14, 1802.—§ 1. 

1. That any alien, being a free white person, may 
be admitted to become a citizen of the United States, 
or any ot them, on the following conditions, and not 
otherwise:— 

First , That he shall have declared, on oath or affir¬ 
mation, before the supreme, superior, district or circuit 
court of some one of the states, or of the territorial 
districts of the United States, or a circuit or district 
court of the United States, three years (a) at least be¬ 
fore his admission, that it was, bona fide, his intention 
to become a citizen of the United States, and to re¬ 
nounce forever all allegiance and fidelity to any for¬ 
eign prince, potentate, state or sovereignty whatever, 
and particularly, by name, the prince, potentate, state 
or sovereignty whereof such alien may, at the time, be 
a citizen or subject. 

Secondly , That he shall, at the time of his applica¬ 
tion to be admitted, declare on oath or affirmation, 
before some one of the courts aforesaid, that he will 

(«) Now two years —see infra 12. 


Conditions of 
naturalization. 
Declaration of 
intention. 


Oatli. 





19 


Cliap. I.] OF THE UNITED STATES. 

support the constitution of the United States, and that 
lie doth absolutely and entirely renounce and abjure 
all allegiance and fidelity to every foreign prince, po¬ 
tentate, state or sovereignty whatever, and particu¬ 
larly, by name, the prince, potentate, state or sover¬ 
eignty whereof he was before a citizen or subject; 
which proceedings shall be recorded by the clerk of Record, 
the court. 

Thirdly , That the court admitting such alien shall p r 0 of. 
be satisfied that he has resided within the United 
States five years at least, and within the state or ter¬ 
ritory where such court is at the time held, one year 
at least; and it shall further appear to their satisfac¬ 
tion, that, during that time, he has behaved as a man 
of a good moral character, attached to the principles 
of the constitution of the United States, and well dis¬ 
posed to the good order and happiness of the same: 

Provided, That the oath of the applicant shall, in no 
case, be allowed to prove his residence. 

Fourthly , That in case the alien, applying to be ad- Renunciation 
mitted to citizenship, shall have borne any hereditary of foreign title, 
title, or been of any of the orders of nobility in the 
kingdom or state from which he came, he shall, in ad¬ 
dition to the above requisites, make an express renun¬ 
ciation of his title or order of nobility in the court to 
which his application shall be made, which renuncia¬ 
tion shall be recorded in the said court: Provided , Alien enemies 
That no alien who shall be a native citizen, denizen excepted, 
or subject of any country, state or sovereign with 
whom the United States shall be at war at the time of 
his application, shall be then admitted to be a citizen 
of the United States: Provided also, That any alien AHeii resiaen ^, 
who was residing within the limits, and under the pr ior toT795, i S 
jurisdiction of the United States, before the 29th day bow naturalize a 
of January, 1795, maybe admitted to become a citizen 
on due proof made to some one of the courts aforesaid, 
that he has resided two years, at least, within and un¬ 
der the jurisdiction of the United States, and one year, 
at least, immediately preceding his application, within 
the state or territory where such court is at the time 
held; and on his declaring, on oath or affirmation, 
that he will support the constitution of the United 
States, and that he doth absolutely and entirely re¬ 
nounce and abjure all allegiance and fidelity to any 
foreign prince, potentate, state or sovereignty what¬ 
ever, and particularly, byname, the prince, potentate, 
state or sovereignty whereof he was before a citizen 
or subject; and, moreover, on its appearing to the sat¬ 
isfaction of the court, that during the said term of two 


20 


CONSTITUTION AND LAWS 


[Chop. I. 


between 1795 
and 1798. 


Ibid, § 3. 


What courts 


years, lie has behaved as a man of good moral char¬ 
acter, attached to the constitution of the United States, 
and well disposed to the good order and happiness of 
the same; and where the alien, applying for admission 
to citizenship, shall have borne any hereditary title, 
or been of any of the orders of nobility in the kingdom 
or state from which he came, on his moreover making 
in the court an express renunciation of his title or 
order of nobility, before he shall be entitled to such 
admission ; all oii which proceedings, required in this 
proviso to be performed in the court, shall be recorded 
Alien residents by the clerk thereof: And provided also , That any 
alien who was residing within the limits, and under 
the jurisdiction of the United States at any time be¬ 
tween the said 29th day of January, 1795, and the 18th 
day of June, 1798, may,, within two years after the 
passing of this act, be admitted to become a citizen, 
without a compliance with the first condition above 
specified. 

2. Every court of record in any individual state, 
having common law jurisdiction, and a seal and clerk 
o£ prothonotary, shall be considered as a district court 
Avithin the meaning of this act; and every alien who 
may naturalize may have been naturalized in any such court, shall 
aliens. enjoy, from and after the passing of the act, the same 

rights and privileges, as if he had been naturalized in 
a district or circuit court of the United States. 

Ibid, § 4. 3. The children of persons duly naturalized under 

Minor children any of the laws of the United States, or who, previous 
' 1 ' ’ to the passing of any law on that subject, by the gov¬ 

ernment of the United States, may have become citi¬ 
zens of any one of the said states, under the laws 
thereof, being under the age of twenty-one years, at 
the time of their parents being so naturalized or ad¬ 
mitted to the rights of citizenship, shall, if dwelling in 
the United States, be considered as citizens of the 
United States, and the children of persons who now 
are, or have been citizens of the United States, shall, 
though born out of the limits and jurisdiction of the 
United States, be considered as citizens of the United 
States: Provided , That the right of citizenship shall not 
descend to persons whose fathers have never resided 
within the United States: Provided also , That no per¬ 
son heretofore proscribed by any state, or who has been 
legally convicted of having joined the army of Great 
Britain, during the late war, shall be admitted a citi¬ 
zen, as aforesaid, without the consent of the legisla¬ 
ture of the state in which such person was proscribed. 


of naturalized 
persons to be 
citizens. 


Exceptions. 


Chap. I.] OF THE UNITED STATES. 21 

4. All acts heretofore passed respecting naturaliza- im, § 5. 
tion be and the same are hereby repealed. 

Act of Congress , approved March 2G, 1804.—§ 1. 

5. Any alien, being a free white person, who was Previous deck- 

residing within the limits and under the jurisdiction ration dispen- 
of the United States, at any time between the 18th cei ' 

day of June, 1T98, and the 14th day of April, 1802, 

and who has continued to reside within the same, may 
be admitted to become a citizen of the United States, 
without a compliance with the lirst condition specified 
in the first section of the act, entitled “An Act to es¬ 
tablish an uniform rule of naturalization; and to re¬ 
peal the acts heretofore passed on that subject.” 

G. When any alien, who shall have complied with § 2. 
the first condition specified in the first section of the 
said original act, and who shall have pursued the di- Widow and 
rections prescribed in the second section of the said children of P er- 
act, may die before he is actually naturalized, the son * who have 
widow and the children of such alien shall be consid- daration,^hov¬ 
ered as citizens of the United States, and shall be naturalized, 
entitled to all rights and privileges as such upon tak¬ 
ing the oaths prescribed by law. 


Act of Congress , approved March 3, 1813.—§ 12. 

7. No person, who shall arrive in the United States 
from and after the time when this act shall take effect, 

shall be admitted to become a citizen of the United Eesidence to 
States who shall not, for the continued next term of have been unin- 
five years preceding his admission as aforesaid, have terrupted for 
resided within the United States. five years * 

8. If any person shall falsely make, forge or coun- ^ § 13< 
terfeit, or cause or procure to be falsely made, forged 

or counterfeited, any certificate or evidence of citizen¬ 
ship referred to in this act; or shall pass, utter or use punishment for 
as true, any false, forged or counterfeited certificate forging certiii- 
of citizenship, or shall make sale or dispose of any g£-p® of Cltizeti ~ 
certificate of citizenship to any person other than the 1 
person for whom it was originally issued, and to whom 
it may of right belong, every such person shall be 
deemed and adjudged guilty of felony ; and on being 
thereof convicted, by due course of law, shall be sen¬ 
tenced to be imprisoned and kept to hard labor for a 
period not less than three or more than five years, or 
be fined in a sum not less than five hundred dollars, 
nor more than one thousand dollars, at the discretion 
of the court taking cognizance thereof. 


CONSTITUTION- AND LAWS 


[Oliap. I. 


Act of Congress , approved March 22 , 1810 .—§ 2 . 

9. Nothing herein contained shall be construed to 
where previous exc l u de, from admission to citizenship, any free white 
declaration is person who was residing within the limits and under 
dispensed with, the jurisdiction of the United States at any time be¬ 
tween the 18th day of June, 1798, and the 14th day 
of April, 1802, and who, having continued to reside 
therein without having made any declaration of in¬ 
tention before a court of record as aforesaid, may be 
entitled to become a citizen of the United States ac¬ 
cording to the act of the 26th of March, 1804, entitled 
“An Act in addition to an act, entitled ‘An Act to 
establish an uniform rule of naturalization, and to re¬ 
repeal the act heretofore passed on that subject.’ ” 
Whenever any person, without a certificate of such 
declaration of intention, as aforesaid, shall make ap¬ 
plication to be admitted a citizen of the United States, 
it shall be proved to the satisfaction of the court that 
the applicant was residing within the limits and under 
the jurisdiction of the United States before the 14th 
day of April, 1802, and has continued to reside within 
the same, or he shall not be so admitted. And the 
residence of the applicant within the limits and under 
the jurisdiction of the United States, for at least five 
years immediately preceding the time of such appli¬ 
cation, shall be proved by the oath or affirmation of 
citizens of the United States ; which citizens shall be 
named in the record as witnesses. And such continued 
residence within the limits and under the jurisdiction 
of the United States, when satisfactorily proved, and 
the place or places where the applicant has resided for 
at least five years, as aforesaid, shall be stated and set 
forth, together with the names of such citizens, in the 
record of the court admitting the applicant; otherwise 
the same shall not entitle him to be considered and 
deemed a citizen of the United States. 


Act of Congress , approved May 26 , 1824 _§ 1 . 

How persons ar Any a ^ en ? being a free white person and a minor, 

riving in their under the age of twenty-one years, who shall have re¬ 
minority may s i(j ec [ i n the United States three years next preceding 

1)6 naturalized. , . . . , ,, n , , 

his arriving at the age of twenty-one years, and who 
shall have continued to reside therein to the time he 
♦ may make application to be admitted a citizen thereof, 
may, after he arrives at the age of twenty-one years, 
and after he shall have resided five years within the 
United States, including the three years of his minor¬ 
ity, be admitted a citizen of the United States, without 


Chap. I.] 


OF THE UNITED STATES. 


23 


having* made the declaration required in the first con¬ 
dition of the first section of the act to which this is in 
addition, three years previous to his admission : Pro¬ 
vided , Such alien shall make the declaration required 
therein at the time of his or her admission, and shall 
further declare on oath, and prove to the satisfaction 
of the court, that, for three years next preceding, it 
has been the bona fide intention of such alien to be¬ 
come a citizen of the United States; and shall, in all 
other respects, comply with the laws in regard to natu¬ 
ralization. 

11. The declaration required by the first condition Ibid. § 3. 
specified in the first section of the act to which this is Declaration 
in addition, shall, if the same has been Iona fide made may be made 
before the clerks of either of the courts in ’the said ^ court. 61 " 
condition named, be as valid as if it had been made 

before the said courts respectively. 

12. A declaration by any alien, being a free white ma, § 4 . 
person, of his intended application to be admitted a Two years-pre¬ 
citizen of the United States, made in the manner and vjous deciara- 
form prescribed in the first condition specified in the j^ t t0 b ° ^ 
first section of the act to which this is in addition, two 

years before his admission, shall be a sufficient com¬ 
pliance with said condition, anything in the said act, 
or in any subsequent act, to the contrary notwith¬ 
standing. 

Act of Congress , approved May 24, 1828.—§ 2. 

13. Any alien, being a free white person, who was when previous 
residing within the limits and under the jurisdiction declaration to 
of the United States between the 14th day of April, ^i t h! spenscd 
1802, and the 18th day of June, 1812, and who has 
continued to reside within the same, may be admitted 

to become a citizen of the United States without hav¬ 
ing made any x^revious declaration of his intention to 
become a citizen : Provided , That whenever any per¬ 
son, without a certificate of such declaration of inten¬ 
tion, shall make application to be admitted a citizen of 
the United States, it shall be proved to the satisfaction what to be pro¬ 
of the court that the applicant was residing within the ved in such 
limits and under the jurisdiction of the United States cases- 
before the 18th day of June, 1812, and has continued 
to reside within the same, or he shall not be so admit¬ 
ted ; and the residence of the applicant within the 
limits and under the jurisdiction of the United States, 
for at least five years immediately preceding the time 
of such application, shall be proved by the oath or 
affirmation of citizens of the United States; which 
citizens shall be named in the record as witnesses; 


24 


CONSTITUTION AND LAWS [Ohap. I. 

and such continued residence within the limits and 
under the jurisdiction of the United States, when sat¬ 
isfactorily proved, and the place or pl'aces where the 
applicant has resided for at least five years, as afore¬ 
said, shall be stated and set forth, together with the 
names of such citizens, in the record of the court ad¬ 
mitting the applicant, otherwise the same shall not 
entitle him to be considered and deemed a citizen of 
the United States. 

Act of Congress , Approved July 17, 1862— § 21 . 

14.” Any alien, of the age of twenty-one years and 
Aliens honora- upwards, who has enlisted or shall enlist in the armies 
from themUita- ot United States, either the regular or the volun- 
v^servicetVbe teepe forces, and has been or shall be hereafter honora- 
]laturalized on bly discharged, may be admitted to become a citizen 
residence yearS fc he United States, upon his petition, without 
any previous declaration of his intention to become 
a citizen of the United States, and he shall not be 
required to prove more than one year’s residence 
within the United States previous to his application to 
become such citizen; and the court admitting such 
alien shall, in addition to such proof of residence and 
good moral character as is now provided by law, be 
satisfied by competent proof of such person having 
been honorably discharged from the service of the 
United States as aforesaid. 

AN ACT to amend the naturalization laws and to punish crimes 
against the same, and for other purposes, approved July 14, 1870. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress as¬ 
sembled , That in all cases where any oath, affirmation, 
or affidavit shall be made or taken under or by virtue 
Knowingly tak- ol? any act or law relating to the naturalization of 
in g , &c., a false aliens, or in any proceedings under such acts or laws,’* 
inVhe^aturah an y P 8rson or persons taking or making such oath, 
Nation of aliens" affirmation, or affidavit, shall knowingly swearer affirm 
to be deemed falsely, the same shall be deemed and taken to be iier- 
howpmdshed. J ur y> aM tlie P 8rsou or persons guilty thereof shall 
upon conviction thereof be sentenced to imprison¬ 
ment for a term not exceeding five years and not less 
than one year, and to a fine not exceeding one thou¬ 
sand dollars. 

The doing of Section 2. And be it further enacted , That if any 
certain acts in p erS on applying to be admitted a citizen, or appear- 
the naturaiiza- m S as a witness for any such person, shall knowingly 
tion of aliens personate any other person than himself, or falsely 
and lar ena f it lony ’ a PP 8ar the name °i a deceased person, or in an as- 
therefor! 1 y sumed or fictitious name, or if any person shall falsely 


25 


Chap. I.] OP THE UNITED STATES. 

make, forge, or counterfeit any oath, affirmation, no¬ 
tice, affidavit, certificate, order, record, signature, or 
other instrument, paper, or proceeding required or au¬ 
thorized by any law or act relating to or providing for 
the naturalization of aliens; or shall utter, sell, dis¬ 
pose of, or use as true or genuine, or for any unlawful 
purpose, any false, forged, ante-dated, or counterfeit 
oath, affirmation, notice, certificate, order, record, sig¬ 
nature, instrument, paper, or proceeding as aforesaid; 
or sell or dispose of to any person other than the per¬ 
son for whom it was originally issued, any certificate 
of citizenship, or certificate showing any person to be 
admitted a citizen ; or if any person shall in any man¬ 
ner use for the purpose of registering as a voter, or 
as evidence of a right to vote, or otherwise, unlaw¬ 
fully, any order, certificate of citizenship, or certifi¬ 
cate, judgment, or exemplification, showing such per¬ 
son to be admitted to be a citizen, whether heretofore 
or hereafter issued or made, knowing that such order 
or certificate, judgment or exemplification has been un¬ 
lawfully issued or made; or if any person shall unlaw¬ 
fully use, or attempt to use, any such order or certificate, 
issued to or in the name of any other person, or in a ficti¬ 
tious name, or the name of a deceased person ; or use, 
or attempt to use, or aid, or assist, or participate in 
the use of any certificate of citizenship, knowing 
the same to be forged, or counterfeit, or ante-dated, 
or knowing the same to have been procured by fraud, 
or otherwise unlawfully obtained; or if any person, 
and without lawful excuse, shall knowingly have or 
be possessed of any false, forged, ante-dated, or coun¬ 
terfeit certificate of citizenship, purporting to have 
been issued under the provisions of any law of the 
United States relating to naturalization, knowing such 
♦certificate to be false, forged, ante-dated, or counter¬ 
feit, with intent unlawfully to use the same ; or if any 
person shall obtain, accept, or receive any certificate 
of citizenship known to such person to have been pro¬ 
cured by fraud or by the use of any false name, or by 
means of any false statement made with intent to pro¬ 
cure, or to aid in procuring, the issue of such certifi¬ 
cate, or know such persons to be fraudulently altered 
or ante-dated ; or if any person who has been or may 
be admitted to be a citizen shall, on oath or affirma¬ 
tion, or by affidavit, knowingly deny that he has been 
so admitted, with intent to evade or avoid any duty 
or liability imposed or required by law, every person 
so offending shall be deemed and adjudged guilty of 
felony, apd, on conviction thereof, shall be sentenced 


The doing of 
certain acts in 
connection with 
the naturaliza¬ 
tion of aliens 
declared felony, 
and penalty 
therefor. 


2 6 


CONSTITUTION AND LAWS [Chap. I. 


Penalty for 
knowingly and 
intentionally 
aiding, &c., the 
doing of such 
acts. 


Trial, &c. 


Penalty for 
knowingly 
using any fraud¬ 
ulent, &c., cer¬ 
tificate of natu¬ 
ralization. 


Penalty for 
fraudulently 
representing 
one’s self to be 
a citizen. 


This act to ap¬ 
ply to all pro¬ 
ceedings for na¬ 
turalization be¬ 
fore any court. 


Courts of the U. 
S. to have ju¬ 
risdiction of of¬ 
fences under 
this act. 


Alien's of Afri¬ 
can nativity and 
descent may be¬ 
come citizens. 


to be imprisoned and kept at bard labor for a period 
not less than one year nor more than live years, or be 
lined in a sum not less than three hundred dollars nor 
more than one thousand dollars, or both such punish¬ 
ments may be imposed, in the discretion of the court. 
And every person who shall knowingly and intention¬ 
ally aid or abet any person in the commission of any 
such felony, or attempt to do any act hereby made 
felony, or counsel, advise, or procure, or attempt to 
procure, the commission thereof, shall be liable to in¬ 
dictment and punishment in the same manner and to 
the kame extent as the principal jjarty guilty of such 
felony, and such person may be tried and convicted 
thereof without the previous conviction of such prin¬ 
cipal. 

Section 3. And be it further enacted , That any per¬ 
son who shall knowingly use any certificate of natura¬ 
lization heretofore granted by any court, or which 
shall hereafter be granted, which has been, or sliail 
be procured through fraud or by false evidence, or has 
been or shall be issued by the clerk, or any other offi¬ 
cer of the court without any appearance and hearing 
of the applicant in court and without lawful autho¬ 
rity; and any person who shall falsely represent him¬ 
self to be a citizen of the United States, without 
having been duly admitted to citizenship, for any fraud¬ 
ulent purpose whatever, shall be deemed guilty of a 
misdeamor, and upon conviction thereof, in due course 
of law, shall be sentenced to pay a fine of not exceed¬ 
ing one thousand dollars, or be imprisoned not ex¬ 
ceeding two years, either or both, in the discretion of 
the court taking cognizance of the same. 

Section 4. And be it further enacted , That the pro¬ 
visions of this act shall apply to all proceedings had 
or taken, or attempted to be had or taken, before any % 
court in which any proceeding for naturalization shall 
be commenced, had or taken, or attempted to be com¬ 
menced ; and the courts of the United States shall 
have jurisdiction of all offences under the provisions 
of this act, in or before whatsoever court or tribunal 
the same shall have been committed. 

Section 5. Repealed. 

Section 0. Repealed. 

Section 7. And be it f urther enacted, That the natu¬ 
ralization laws are hereby extended to aliens of Afri¬ 
can nativity and to persons of African descent 


Cliap. I.] OF THE UNITED STATES. 


27 


Acts to Enforce Fifteenth Amendment, &c. 

AN ACT to enforce th^e right of citizens of the United States to vote in 
the several states of this Union, and for other purposes, approved May 
31, 1870. 

Be it enacted by the Senate and House of Representa¬ 
tives of tM United States of America in Congress assem¬ 
bled, That all citizens of the United States who are or Race, cqior, or 
shall be otherwise qualified by law to vote at any elec- previous condi¬ 
tion by the people in any state, territory, district, tude nottoaf- 
county, city, parish, township, school district, munici- feet the right to 
pality, or other territorial snb-division, shall be entitled vote at any elec- 
and allowed to vote at all such elections, without dis- 10n ' 
tinction of race, color or previous condition of servi¬ 
tude; any constitution, law, custom, usage, or regu¬ 
lation of any state or territory, or by or under its 
authority, to the contrary notwithstanding. 

Section 2. And be it f urther enacted , That if by or Nor the per _ 
under the authority of the constitution or laws of any formance of 
state, or the laws of any territory, any act is or shail ^ toTh^ri ht 
be required to be done as a prerequisite or qualifica- of voting 6 ng 
tion for voting, and by such constitution or laws per¬ 
sons or officers are or shall be charged with the per¬ 
formance of duties in furnishing to citizens an oppor¬ 
tunity to perform such prerequisite, or to become 
qualified to vote, it shall be the duty of every such 
person and officer to give to all citizens of the United 
States the same and equal opportunity to perform 
such prerequisite, and to become qualified to vote 
without distinction of race, color or previous condition 
of servitude ; and if any such person or officer shall Penalty for re¬ 
refuse or knowingly omit to give full effect to this 
section, he shall, for every such offence, forfeit and pay to g givefuii ef- 
the sum of five hundred dollars to the person aggrieved feet to this sec- 
thereby, to be recovered by an action on the case, tlon ' 
with full costs, and such allowance for counsel fees as 
the court shall deem just, and shall also, for every 
such offence, be deemed guilty of a misdemeanor, and 
shall, on conviction thereof, be fined not less than 
five hundred dollars, or be imprisoned not less than 
one month, and not more than one year, or both, at 
the discretion of the court. 

Section 3. And be it further enacted , That when- p^ r e fo 0 r manyact 
ever, by or under the authority of the constitution or prerequisite to 
laws of any state, or the laws of any territory, any act if ^ fa jt 
is or shall be required to [be] done by any citizen as be’deemeda’ 
a prerequisite to qualify or entitle him to vote, the performance in 
offer of any such citizen to perform the act required to entmeto 
to be done as aforesaid shall, if it fail to be carried vote. 


28 


Penalty upon 
officers of elec¬ 
tion for wrong¬ 
ful refusal to re¬ 
ceive, &c., the 
vote of such 
person upon af- 
hdavit, &Q. 


Penalty for un¬ 
lawfully ob¬ 
structing, or 
combining to 
obstruct, any 
citizen from 
qualifying him¬ 
self to vote, or 
from voting. 


CONSTITUTION AND LAWS [Chap. X. 

into execution by reason of the wrongful act or omis¬ 
sion aforesaid of the person or officer charged witli 
the duty of receiving or permitting such performance 
or offer to perform, or acting thereon, be deemed 
and held as a performance in law of such act; and 
the person so offering and failing as aforesaid, and 
being otherwise qualified, shall be entitled to vote in 
the same manner and to the same extent as if he had 
in fact performed such act; and any judge, inspector 
or other officer of election whose duty it is or shall be 
to receive, count, certify, register, report or give effect 
to the vote of any such citizen who shall wrongfully 
refuse or omit to receive, count, certify, register, re¬ 
port or give effect to the vote of such citizen upon the 
presentation by him of his affidavit stating such offer 
and the time and place thereof, and the name of the 
officer or person whose duty it was to act thereon, and 
that he was wrongfully prevented by such person or 
officer from performing such act, shall, for every such 
offence, forfeit and pay the sum of five hundred dol¬ 
lars to the person aggrieved thereby, to be recovered 
by an action on the case, with full costs, and such al¬ 
lowance for counsel fees as the court shall deem just, 
and shall, also, for every such offence, be guilty of a 
misdemeanor, and shall, on conviction thereof, be fined 
not less than five hundred dollars, or be imprisoned 
not less than one month and not more than one year, 
or both, at the discretion of the court. 

Section 4. And be it further enacted , That if any 
person, by force, bribery, threats, intimidation, or other 
unlawful means, shall hinder, delay, prevent or ob¬ 
struct, or shall combine and confederate with others 
to hinder, delay, prevent or obstruct, any citizen from 
doing any act required to be done to qualify him to 
vote or from voting at any election as aforesaid, such 
person shall for every such offence forfeit and pay the 
sum of five hundred dollars to the person aggrieved 
thereby, to be recovered by an action on the case, 
with full costs, and such allowance for counsel fees as 
the court shall deem just, and shall also for every such 
offence be guilty of a misdemeanor, and shall, on con¬ 
viction thereof, be fined not less than five hundred 
dollars, or be imprisoned not less than one month and 
not more than one year, or both, at the discretion of 
the court. 

Section 5. And be it further enacted , That if any 
person shall prevent, hinder, control or intimidate, or 
shall attempt to prevent, hinder, control or intimidate, 
any person from exercising or in exercising the right 


OF THE UNITED STATE?. 


29 


Chap. I.] 


of suffrage, to whom the right of suffrage is secured Penalty for in- 
or guaranteed by the fifteenth amendment to the con- timidatmg or 
stitution of the United States, by means of bribery, intimidate 8 cer- 
threats, or threats of depriving such person of employ- tain persons 
ment or occupation, or of ejecting such person from 
rented house, lands or other property, or by threats of right of suffrage 
refusing to renew leases or contracts for labor, or by b .y bribery or 
threats of violence to himself or family, such person threats * 
so offending shall be deemed guilty of a misdemeanor, 
and shall, on conviction thereof, be fined not less than 
five hundred dollars, or be imprisoned not less than 
one month and not more than one year, or both, at 
the discretion of the court. 

Seption fi. And be it farther enacted , That if two or Penalty for two 
more persons shall band or conjure together, or go in or more per- 
disguise upon the public highway, or upon the prem- together,^rgc- 
ises of another, with intent to violate any provision of ing in disguise 
this act, or to injure, oppress, threaten or intimidate £1!°^ 
any citizen with intent to prevent or hinder his free ^th^intent to 
exercise and enjoyment of any right or privilege prevent the en- 
granted or secured to him by the constitution or laws jahT^rivife^es 
of the United States, or because of his having exer- orbecause’ 
cised the same, such persons shall be held guilty of &c - 
felony, and, x on conviction thereof, shall be fined or 
imprisoned, or both, at the discretion of the court,— 
the fine not to exceed five thousand dollars, and the 
imprisonment not to exceed ten years,—and shall, 
moreover, be thereafter ineligible to, and disabled 
from holding, any office or place of honor, profit or 
trust created by the constitution or laws of the United 
States. 

Section 7. And be it farther enacted , That if in the Penalty for 
act of violating any provision in either of the two pre- any 

ceding sections, any other felony, crime or misde- while Violating 
mean or shall be committed, the offender, on con vie- ^y° Q f f 
tion of such violation of said sections, shall be pun- preceding seeT 
ished for the same with such punishments as are tions. 
attached to the said felonies, crimes and misdemean¬ 
ors by the laws of the state in which the offence may 
be committed. 

Section 8. And be it further enacted, That the dis- District courts 
trict courts of the United States, within their respec- of u. s. to have 
five districts, shall have, exclusively of the courts of 
the several states, cognizance of all crimes and offences thi^act! exciu- 
committed against the provisions of this act, and also, sive of state 
concurrently with the circuit courts of the United currentlywith" 
States, of all causes, civil and criminal, arising under the circuit 
this act, except as herein otherwise provided, and the court, 
j urisdiction hereby conferred shall be exercised in con- 


30 


Certain prose¬ 
cutions to be by- 
indictment, and 
others by in¬ 
dictment or in¬ 
formation. 


Special provi¬ 
sions for prose¬ 
cuting all per¬ 
sons violating 
this act. 


Number of com¬ 
missioners of 
circuit and ter¬ 
ritorial courts 
to be increased. 


Their powers 
and duties. 


Marshals and 
deputies to exe¬ 
cute all war¬ 
rants, &c. 

Penalty for re¬ 
fusal to receive 
warrant, or fail¬ 
ing to execute 
it diligently. 


CONSTITUTION AND LAWS [Chap. I. 

formity with the laws and practice governing United 
States courts; and all crimes and offences committed 
against the provisions of this act may be prosecuted 
by the indictment of a grand jury, or, in cases of crimes 
and offences not infamous, the prosecution may be 
either by indictment or information filed by the dis¬ 
trict attorney in a court having jurisdiction. 

Section 9. And be it further enacted , That the dis¬ 
trict attorneys, marshals, and deputy marshals of the 
United States, the commissioners appointed by the 
circuit and territorial courts of the United States, with 
powers of arresting, imprisoning, or bailing offenders 
against the laws of the United States, and every other 
officer who may be specially empowered by the Presi¬ 
dent of the United Stmes, shall be, and they are hereby 
specially authorized and required, at the expense of 
the United States, to institute proceedings against all 
and every person who shall violate the provisions of 
this act, and cause him or them to be arrested and im¬ 
prisoned, or bailed, as the case may be, for trial before 
such court of the United States or territorial court as 
has cognizance of the offence. And with a view to 
afford reasonable protection to all persons in their con¬ 
stitutional right to vote without distinction of race, 
color, or previous condition of servitude, and to the 
prompt discharge of the duties of this act, it shall be 
the duty of the circuit courts of the United States, and 
the superior courts of the territories of the United 
States, from time to time, to increase the number of 
commissioners, so as to afford a speedy and convenient 
means for the arrest and examination of persons 
charged with a violation of this act; and such com¬ 
missioners are hereby authorized and required to ex¬ 
ercise and discharge all the powers and duties confer¬ 
red on them by this act, and the same duties with 
regard to offences created by this act as they are au¬ 
thorized by law to exercise with regard to other offences 
against the laws of the United States. 

Section 10. And he it further enacted, That it shall 
be the duty of all marshals and deputy marshals to 
obey and execute all warrants and precepts issued 
under the provisions of this act, when to them di¬ 
rected; and should any marshal or deputy marshal 
refuse to receive such warrant or other process when 
tendered, or to use all proper means diligently to exe¬ 
cute the same, he shall, on conviction thereof, be fined 
in the sum of one thousand dollars, to the use of the 
person deprived of the rights conferred by this act. 
And the better to enable the said commissioners to 


OF THE UNITED STATES. 


31 


Chap. I.] 


execute their duties faithfully and efficiently, in con¬ 
formity with the Constitution of the United States 
and the requirements of this act, they are hereby au¬ 
thorized and empowered, within their districts respec¬ 
tively, to appoint, in writing, under their hands, any 
one or more suitable persons, from time to time, to 
execute all such warrants and other process as may be 
issued by them in the lawful performance of their re¬ 
spective duties, and the persons so appointed to exe¬ 
cute any warrant or process, as aforesaid, shall have 
authority to summon and call to their aid the by¬ 
standers or posse comitatus of the proper county, or 
such portion of the land or naval forces of the United 
States, or of the militia, as may be necessary to the 
performance of the duty with which th^yare charged, 
and to insure a faithful observance of the fifteenth 
amendment to the Constitution of the United States; 
and such warrants shall run and be executed by said 
officers anywhere in the state or territory within 
which they are issued. 

Section 11. And be it further enacted , That any per¬ 
son who shall knowingly and wilfully obstruct, hinder 
or prevent any officer or other person charged with the 
execution of any warrant or process issued under the 
provisions of this act, or any person or persons law¬ 
fully assisting him or them, from arresting any person 
for whose apprehension such warrant or process may 
have been issued, or shall rescue or attempt to rescue 
such person from the custody of the officer or other 
person or persons, or those lawfully assisting as afore¬ 
said, when so arrested pursuant to the authority here¬ 
in given and declared, or shall aid, abet, or assist any 
person so arrested as aforesaid, directly or indirectly, 
to escape from the custody of the officer or other per¬ 
son legally authorized as aforesaid, or shall harbor or 
conceal any person for whose arrest a warrant or pro¬ 
cess shall have been issued as aforesaid, so as to pre¬ 
vent his discovery and arrest after notice or knowledge 
of the fact that a warrant has been issued for the appre¬ 
hension of such person, shall, for either of said offences, 
be subject to a fine not exceeding one thousand dollars, 
or imprisonment not exceeding six months, or both, at 
the discretion of the court, on conviction before the dis¬ 
trict or circuit court of the United States for the district 
or circuit in which said offence may have been commit¬ 
ted, or before the proper court of criminal jurisdiction, 
if committed within any one of the organized territories 
of the United States. 


Commissioners 
may appoint 
suitable persons 
to execute pro¬ 
cess. 


Authority of 
such persons to 
call upon by¬ 
standers or the 
U. S. forces. 


Warrants may 
be executed 
within the Stale 

Penalty for 
knowingly and 
wilfully ob¬ 
structing the 
execution of 
process under 
this act. 


Penalty for res¬ 
cuing or at¬ 
tempting to res¬ 
cue any person 
arrested, or aid¬ 
ing, &c., therein 


Penalty for 
knowingly har¬ 
boring or con¬ 
cealing any per¬ 
son for whose 
arrest a warrant 
has issued. 


CONSTITUTION AND LAWS [Cliap. I. 


Fees of commis¬ 
sioners, district 
attorneys, mar¬ 
shals. clerks, 


Treasonable fees 
for other addi¬ 
tional services. 


Fees how to be 
made up. 


Fees recovera¬ 
ble from defen¬ 
dant in case of 
conviction. 
Land or naval 
forces of the U. 
S., or the mili¬ 
tia, may be em¬ 
ployed. 


Persons hold¬ 
ing office, ex¬ 
cept, &c., con¬ 
trary to the pro¬ 
visions of the 
fourteenth 
amendment, to 
be proceeded 
against by quo 
warranto. 


Such cases to 
’ lave prece¬ 
dence, and not 
to be continued 
unless, &c. 


Section 12 . And he it further enacted , That the com¬ 
missioners, district attorneys, the marshals, their dep¬ 
uties, and the clerks of the said district, circuit and 
territorial courts shall be paid for their services the 
like fees as may be allowed to them for similar ser¬ 
vices in other cases. The person or persons author¬ 
ized to execute the process to be issued by such com¬ 
missioners for the arrest of offenders against the pro¬ 
visions of this act shall be entitled to the usual fees 
allowed to the marshal for an arrest for each person 
he or they may' arrest and take before any such com¬ 
missioner as aforesaid, with such other fees as may be 
deemed reasonable by such commissioner for such 
other additional services as may be necessarily per¬ 
formed by hii£ or them, such as attending at the ex¬ 
amination, keeping the prisoner in custody, and pro¬ 
viding him with food and lodging during his detention 
and until the final determination of such commissioner, 
and in general for performing such other duties as may 
be required in the premises; such fees to be made up 
in conformity with the fees usually charged by the offi¬ 
cers of the courts of justice within the proper district 
or county as near as may be practicable, and paid out 
of the treasury of the .United States on the certificate 
of the judge of the district within which the arrest is 
made, and to be recoverable from the defendant as 
part of the judgment in case of conviction. 

Section 13. And he it farther enacted , That it shall 
be lawful for the President of the United States to 
employ such part of the land or naval forces of the 
United States, or of the militia, as shall be necessary 
to aid in the execution of judicial process issued under 
this act. 

Section 14. And he it further enacted , That when¬ 
ever any person shall hold office, except as a member 
of Congress or of some state legislature, contrary to 
the provisions of the third section of the fourteenth 
article of amendment of the Constitution of the United 
States, it shall be the duty of the district attorney of 
the United States lor tke district in which such person 
shall hold office, as aforesaid, to proceed against such 
person by writ of quo warranto , returnable to the cir¬ 
cuit or district court of the United States in such dis¬ 
trict, and to prosecute the same to the removal of such 
person from office; and any writ of quo warranto so 
brought as aforesaid shall take precedence of all other 
cases on the docket of the court to which it is made 
returnable, and shall not be continued unless for cause 
proved to the satisfaction of the court. 


OF THE UNITED STATES. 


33 


Chap. I.] 

Section 15. And be it further enacted, That any per- Penalty for ac- 
son who shall hereafter knowingly accept or hold any oeptingorhoid- 
office under the United States, or any state, to which tempting to do 
lie is ineligible under the third section of the fourteenth so, contrary to 
article of amendment of the Constitution of the United of e t ^°hirdTec 
States, or who shall attempt to hold or exercise the tion 0 6 f the fom- 
duties of any such office, shall be deemed guilty of a teenth amend- 
misdemeanor against the United States, and, upon ment * 
conviction thereof before the circuit or district court 
of the United States, shall be imprisoned not more 
than one year, or fined not exceeding one thousand 
dollars, or both, at the discretion of the court. 

Section 16. And be it further enacted , That all per- ah persons to 
sous within the jurisdiction of the United States shall 
have the same right in every state and territory in the state andTeTri- 
United States to make and enforce contracts, to sue, tor y to the full 
be parties, give evidence, and to the full and equal ^of SfawT" 
benefit of all laws and proceedings for the security of & c ., as enjoyed 
person and property as is enjoyed by white citizens, b y white citi - 
and shall be subject to like punishment, pains, penal- zens ’ 
ties, taxes, licenses and exactions of every kind, and 
none other, any law, statute, ordinance, regulation or 
custom to the contrary notwithstanding. No tax or ^o special tax 
charge shall be imposed or enforced by any state upon or charge upon 
any person immigrating thereto from a foreign coun- sons^mmigrat- 
try, which is not equally imposed and enforced upon ing, Ac. 
every person immigrating to such state from any other 
foreign country; and any law of any state in conflict 
with this provision is hereby declared null and Amid. 

Section 17. And be it further enacted , That any per- Ponalt f io 
son who, under color of any law, statute, ordinance, i a t?on of provi- 
regulation or custom, shall subject, or cause to be sub- sions of preced- 
jected, any inhabitant of any state or territory to the m g sectlon - 
deprivation of any right secured or protected by the 
last preceding section of this act, or to different pun¬ 
ishment, pains or penalties, on account of such person 
being an alien, or by reason of his color or race, than 
is prescribed for the punishment of citizens, shall be 
deemed guilty of a misdemeanor, and, on conviction, 
shall be punished by fine not exceeding one thousand 
dollars, or imprisonment not exceeding one year, or 
both, in the discretion of the court. 

Section 18. And be it further enacted, That the act civil rights bin 
to protect all persons in the United States in their civil re-enacted, 
rights, and furnish the means of their vindication, vowS' 
passed April nine, eighteen hundred and sixty-six, is 
hereby re-enacted; and sections sixteen and seven¬ 
teen hereof shall be enforced according to the provi¬ 
sions of said act. 

3 


34 


CONSTITUTION AND LAWS 


[Chap. I. 


Penalty for cer¬ 
tain unlawful 
voting at any 
election for rep¬ 
resentative or 
delegate to Con- 


Penalty for un¬ 
lawfully pre¬ 
venting any 
qualified voter 
from voting, or 
inducing him 
not to vote. 


Penalty for in¬ 
ducing any offi¬ 
cer of such elec¬ 
tion to receive 
illegal votes. 
Penalty for in¬ 
terfering with 
such officer or 
inducing him 
to violate, &c., 
his duty. 


Penalty for 
knowingly, &c., 
receiving any 
illegal, or refus¬ 
ing any lawful 
vote. 

Penalty for ad¬ 
vising any one 
to do any act 
hereby made a 
crime, &c. 


Penalty for un¬ 
lawful acts in 
and concerning 
the registration 
of voters. 


Section 19. And be it further enacted , That if at any 
election for representative or delegate in the Congress 
ol the United States any person shall knowingly per¬ 
sonate and vote, or attempt to vote, in the name of 
any other person, whether living, dead or fictitious; 
or vote more than once at the same election for any 
candidate for the same office; or vote at a place where 
he may not be lawfully entitled to vote; or vote with¬ 
out having a lawful right to vote; or do any unlawful 
act to secure a right or an opportunity to vote for him¬ 
self or any other person ; or by force, threat, menace, 
intimidation, bribery, reward or offer, or promise there¬ 
of, or otherwise unlawfully prevent any qualified voter 
of any state of the United States of America, or of any 
territory thereof, from freely exercising the right of 
suffrage, or by any such means induce any voter to 
refuse to exercise such right; or compel or induce by 
any such means, or otherwise, any officer of an elec¬ 
tion in any such state or territory to receive a vote 
from a person not legally qualified or entitled to vote ; 
or interfere in any manner with any officer of said elec¬ 
tions in the discharge of his duties; or by any of such 
means, or other unlawful means, induce any officer of 
an election, or officer whose duty it is to ascertain, an¬ 
nounce or declare the result of any such election, or 
give or make any certificate, document or evidence in 
relation thereto, to violate or refuse to comply with 
his duty, or any law regulating the same; or know¬ 
ingly and wiltully receive the vote of any person not 
entitled to vote, or refuse to receive the vote of any 
person entitled to vote; or aid, counsel procure or 
advise any such voter, person or officer to do any act 
hereby made a crime, or to omit to do any duty the 
omission of which is hereby made a crime, or attempt 
to do so, every such person £hall be deemed guilty of 
a crime, and shall for such crime be liable to prosecu¬ 
tion in any court of the United States of competent 
jurisdiction, and, on conviction thereof, shall be pun¬ 
ished by a fine not exceeding five hundred dollars, or 
by imprisonment for a term not exceeding three years, 
or both, in the discretion of the court, and shall pay 
the costs of prosecution. 

Sechon 20. And be it further enacted , That if, at 
any registration of voters for an election for repre¬ 
sentative or delegate in the Congress of the United 
States, any person shall knowingly personate and 
register, or attempt to register, in the name of any 
other person, whether living, dead or fictitious, or 
fraudulently register, or fraudulently attempt to reg- 


35 


Chap. L] OP THE UNITED STATES. 

ister, not having a lawful right so to do, or do any 
unlawful act to secure registration for himself or any 
other person, or by force, threat, menace, intimida¬ 
tion, bribery, reward, or offer, or promise thereof, or 
other unlawful means, prevent or hinder any person 
having a lawful right to register from duly exercising 
such right, or compel or induce, by any of such means, 
or other unlawful means, any officer of registration to 
admit to registration any person not legally entitled 
thereto, or interfere in any manner with any officer 
of registration in the discharge of his duties, or by 
any such means, or other unlawful means, induce any 
officer of registration to violate or refuse to comply 
with his duty, or any law regulating the same, or 
knowingly and wilfully receive the vote of any person Penalt f 
not entitle(T to vote, or refuse to receive the vote of knowingiy^&c., 
any person entitled to vote, or aid, counsel, procure receiving illegal 
or advise any such voter, person or officer to do any 7 ote , s ’ or r ? f " s ' 
act hereby made a crime, or to omit any act, the onus- legal ones, 
sion of which is hereby made a crime, every such Penalty for ad- 
person shall be deemed guilty of a crime, and shall 
be liable to prosecution and punishment therefor, as hereb^made a 
provided in section nineteen of this act for persons crime, &c. 
guilty of any of the crimes therein specified: Provided , 

That every registration made under the laws of any whattobe 
state or territory, for any state or other election at deemed a regis- 
whicli such representative or delegate in Congress Jhi^act™ 1 61 
shall be chosen, shall be deemed to be a registration 
within the meaning of this act, notwithstanding the 
same shall also be made for the purposes of any state, 
territorial or municipal election. 

Section 21. And be it further enacted That when y otingorat _ 
ever, by the laws of any state or territory, the name tempting or of- 
of any candidate or person to be voted for as repre- fering to vote a 
sentative or delegate in Congress shall be required to baiio^at ceuam 
be printed, written or contained in any ticket or elections, to be 
ballot with other candidates or persons to be voted ^g ie ^^ce’ 
for at the same election tor state, territorial, muuici-that! !c! en< ^ 
pal or local officers, it shall be sufficient prima facie 
evidence, either for the purpose of indicting or con¬ 
victing any person charged with voting, or attempt¬ 
ing or offering to vote, unlawfully, under the provi¬ 
sions of the preceding sections, or for committing either 
of the offences thereby created, to prove that the per¬ 
son so charged or indicted, voted, or attempted or 
offered to vote such ballot or ticket, or committed 
either of the offences named in the preceding sections 
of this act with reference to such ballot. And the 
proof and establishment of such facts shall be taken, 


38 


Defendant may 
show that such 
ballot did not 
contain the 
name of any 
candidate for 
representative 
or delegate. 


Penalty upon 
any officer of 
any election at 
which, &c., for 
neglect or refu¬ 
sal to do his du¬ 
ty in regard to 
such election 
or the certificate 
or return there¬ 
of, &c. 


Persons depriv¬ 
ed of election to 
any office, ex¬ 
cept, &c., by 
the exclusion 
of votes, on ac¬ 
count of race, 
color, &c., may 
bring suit to re¬ 
cover posses¬ 
sion of such of¬ 
fice. 


CONSTITUTION AND LAWS [Chap. I. 

held and deemed to be presumptive evidence that such 
person voted, or attempted or offered to vote, for such 
representative or delegate, as the case may be, or that 
such offence was committed with reference to the elec¬ 
tion of such representative or delegate, and shall be 
sufficient to warrant his conviction, unless it shall be 
shown that any such ballot, when cast, or attempted 
or offered to be cast, by him, did not contain the name 
of any candidate for "the office of representative or 
delegate in the Congress of the United States, or that 
such offence was not committed with reference to the 
election of such representative or delegate. 

Section 22. And he it further enacted, That any offi¬ 
cer of any election at which any representative or 
delegate in the Congress of the United States shall be 
voted for, whether such officer of election be appoint¬ 
ed or created by or under any law or authority of the 
United States, or by or under any state, territorial, 
district or municipal law or authority, who shall neg¬ 
lect or refuse to perform any duty in regard to such 
election required of him by any law of the United 
States, or of any state or territory thereof; or violate 
any duty so imposed, or knowing^ do any act thereby 
unauthorized, with intent to affect any such election, 
or the result thereof; or fraudulently make any false 
certificate of the result of such election in regard to 
such representative or delegate; or withhold, conceal, 
or destroy any certificate of record so required by law 
respecting, concerning or pertaining to the election of 
any such representative or delegate; or neglect or re¬ 
fuse to make and return the same as so requird by law; 
or aid, counsel, procure or advise any voter, person or 
officer to do any act by this or any of the preceding 
sections made a crime; or to omit to do any duty the 
omission of which is by this or any of said sections 
made a crime, or attempt to do so, shall be deemed 
guilty of a crime, and shall be liable to prosecution 
and punishment therefor, as provided in the nineteenth 
section of this act for persons guilty of any of the 
crimes therein specified. 

Section 23. And l)e it further enacted , That when¬ 
ever any person shall be defeated or deprived of his 
election to any office, except elector of President or 
Vice President, representative or delegate in Congress, 
or member of a state legislature, by reason of the de¬ 
nial to any citizen or citizens who shall offer to vote, 
of the right to vote on account of race, color, or pre¬ 
vious condition of servitude, his right to hold and en¬ 
joy such office, and the emoluments thereof, shall not 


OF THE UNITED STATES. 


37 


Chap. I.] 


be impaired by such denial; and sucb person may when such 
bring any appropriate suit or proceeding to recover '" 

possession of such office, and in cases where it shall u! s.Courts. ° 
appear that the sole question touching the title to such 
office arises out of the denial of the right to vote to 
citizens who so offered to vote, on account of race, 
color, or previous condition of servitude, such suit or 
X>roceedings may be instituted in the circuit or district 
court of the United States of the circuit or district in 
which such person resides. And said circuit or district jurisdiction of 
court shall have, concurrently with the state courts, ; such courts coon- 
iurisdiction thereof so far as to determine the rights °ta^e courts! 
of the parties to such office by reason of the denial of 
the right guaranteed by the fifteenth article of amend¬ 
ment to the Constitution of the United States, and 
secured by this act. 


AN ACT to amend an act approved May thirtj r -one, eighteen hundred 
and seventy, entitled “An Act to enforce the rights of citizens of 
the United States to vote in the several states of this Union, and for 
other purposes,” approved February 28, 1871. 


Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress as- 
sembled , That section twenty of the “Act to enforce 
the rights of citizens of the United States to vote in 


Amendment of 
act 1870, ch. 


the several states of this Union, and for other pur-iu, § 20 . 
poses,” approved May thirty-one, eighteen hundred 
and seventy, shall be, and hereby is, amended so as to 
read as follows:— 

“Secti n 20. And be it further enacted. That if, [at] Penalt for nn _ 
any registration of voters for an election for represen- lawful acts in 
tative or delegate in the Congress of the United ^d^conceniing 
States, any person shall knowingly personate and reg- ^voters!™ 110 " 1 
ister, or attempt to register, in the name of any other 
person, whether living, dead, or fictitious, or fraudu¬ 
lently register, or fraudulently attempt to register, not 
having a lawful right so to do; or do any unlawful 
act to secure registration for himself or any other 
Xiersou; or by force, threat, menace, intimidation, 
bribery, reward-or oiler, or promise thereof, or other 
unlawful means, prevent or hinder any person having 
a lawful right to register from duly exercising such 
right; or compel or induce, by any of such means, or 
other unlawful means, any officer of registration to 
admit to registration any person not legally entitled 
thereto, or interfere in any manner with any officer of 
registration in the discharge of his duties, or by any 
such means, or other unlawful means, induce any 
officer of registration to violate or refuse to comply 


38 


CONSTITUTION AND LAWS 


[Chap. I. 


Penalty for 
knowingly neg¬ 
lecting or refus¬ 
ing to perform 
any duty, &c. 


Penalty for ad¬ 
vising any one 
to do any act 
hereby made a 
crime, &c. 


What to be 
deemed a regis¬ 
tration under 
this act. 


In cities or 
towns of over 
20,000 inhabi¬ 
tants, upon 
written applica¬ 
tion of two citi¬ 
zens, the circuit 
judge to ap¬ 
point two su¬ 
pervisors of 
elections. 


Proceedings for 
such appoint¬ 
ments. 


with his duty or any law regulating the same; or if 
any such officer shall knowingly and wilfully register 
as a voter any person not entitled to be registered, or 
refuse to so register any person entitled to be regis¬ 
tered; or if any such officer or other person whose 
duty it is to perform any duty in relation to such reg¬ 
istration or election, or to ascertain, announce, or de¬ 
clare the result thereof, or give or make any certifi¬ 
cate, document, or evidence in relation thereto, shall 
knowingly neglect or refuse to perform any duty re¬ 
quired by law, or violate any duty imposed by law, or 
do any act unauthorized by law relating to or affecting 
such registration or election, or the result thereof, or 
any certificate, document, or evidence in relation 
thereto, or if any person shall aid, counsel, procure, 
or advise any such voter, person, or officer to do any 
act hereby made a crime, or to omit any act the omis¬ 
sion of which is hereby made a crime, every such per¬ 
son shall be deemed guilty of a crime, and shall be 
liable to prosecution and punishment therefor as pro¬ 
vided in section nineteen of said act of May thirty- 
one, eighteen hundred and seventy, for persons guilty 
of any of the crimes therein specified: Provided , That 
every registration made under the laws of any state 
or territory for any state or other election at which 
such representative or delegate in Congress shall be 
chosen, shall be deemed to be a registration within 
the meaning of this act, notwithstanding the same 
shall also be made for the purposes of any state, ter¬ 
ritorial, or municipal election.” 

Section 2. And ~be it further enacted , That when¬ 
ever in any city or town having upward of twenty 
thou shod inhabitants, there shall be two ciiizens 
thereof who, prior to any registration of voters for an 
election for representative or delegate in the Congress 
of the United States, or prior to any election at which 
a representative or delegate in Congress is to be voted 
for, shall make known, in writing, to the judge of the 
circuit court of the United States for the circuit 
wherein such city or town shall be, their desire to 
have said registration, or said election, or both, 
guarded and scrutinized, it shall be the duty of the 
said judge of the circuit court, within not less than 
ten days prior to said registration, if one there be, or, 
if no registration be required, w ithin not less than ten> 
days prior to said election, to open the said circuit 
court at the most convenient point in said circuit. 
And the said court, when so opened b} said judge, 
shall proceed to appoint and commission, from day to 


OF THE UNITED STATES. 


Chap. I.] 


30 


day, and from time to time, and under the hand of the 
said circuit judge, and under the seal of said court, 
for each election district or voting precinct in each and 
every such city or town as shall, in the manner herein 
prescribed, have applied therefor,and to revoke,change, 
or renew said appointment from time to time, two 
citizens, residents of said city or town, who shall be 
of different political parties, and able to read and Qualifications 
write the English language, and who shall be known of supervisors, 
and designated as supervisors of elections. And the Courtto be 
said circuit court, when opened by the said circuit kept open, &c. 
judge as required herein, shall therefrom and there¬ 
after, and up to and including the day following the 
day of election, be always open for the transaction of 
business under this act, and the powers and jurisdic¬ 
tion hereby granted and conferred shall be exercised 
as well in vacation as in term time; and a judge sit¬ 
ting at chambers shall have the same powers and hTvacatioiTor* 
jurisdiction, including the power of keeping order and at chambers, 
of punishing any contempt of his authority, as when 
sitting in court. 

Section 3. And be it further enacted, That when- judge of dis- 
ever, from sickness, injury, or otherwise, the judge of trict court to be 
the circuit court of the United States in any judicial duty by d thecir K 
circuit shall be unable to perform and discharge the cuit judge, if, 
duties by this act imposed, it shall be his duty, and he &c - 
is hereby required to select and to direct and assign 
to the performance thereof, in his place and stead, such 
one of the judges of the district courts of the United 
States within his circuit as he shall deem best; and 
upon such selection and assignment being made, it 
shall be lawful for, and shall be the duty of, the dis- an p^Ver^oF 
trict judge so designated to perform and discharge, in circuit judge, 
the place and stead ot the said circuit judge, all the 
duties, powers and obligations imposed and conferred 
upon the said circuit judge by the provisions of this 
act. 

Section 4. And be it further enacted, That it shall Duties of super- 
be the duty of the supervisors of election, appointed visors of eiec- 
under this act, and they and each of them are hereby tlons * 
authorized and required to attend at all times and 
places fixed for the registration of voters, who, being RegistratioM> 
registered, would be entitled to vote for a representa¬ 
tive or delegate in Congress, and to challenge any 
person offering to register; to attend at all times and c a enges ' 
places when the names of registered voters may be 
marked for challenge, and to cause such names regis¬ 
tered as they shall deem proper to be so marked; to 
make, when required, the lists, or either of them, pro- Lists. 


40 


CONSTITUTION AND LAWS [Chap. I. 


Inspection, &e., 
of registry. 


Signature to 
lists. 


Tided for in section thirteen of this act, and verify the 
same; and upon any occasion, and at any time when 
in attendance under the provisions of this act, to per¬ 
sonally inspect and scrutinize such registry, and for 
purposes of identification to affix their or his signature 
to each and every page of the original list, and of each 
and every copy of any such list of registered voters, 
at such times, upon each day when any name may or 
shall be received, entered, or registered, and in such 
manner as will, in their or his judgment, detect and 
expose the improper or wrongful removal therefrom, 
or addition thereto, in any way, of any name or names. 

Section 5. And be it farther enacted , That it shall 
also be the duty of the said supervisors of election, 
and they and each of them are hereby authorized and 


Supervisors to 
attend at elec¬ 
tions of repre¬ 
in congress,' and required to attend at all times and places for holding 

their duties 
thereat. 


elections of representatives or delegates in Congress, 
and for counting the votes cast at said elections; to 
challenge any vote offered by any person whose legal 
qualifications the supervisors, or either of them, shall 
doubt; to be and remain where the ballot-boxes are 
kept at all times after the polls are open until each 
and every vote cast at said time and place shall be 
counted, the canvass of all votes polled be wholly com¬ 
pleted, and the proper aod requisite certificates or re¬ 
turns made, whether said certificates or returns be 
required under any law of the United States or any 
state, territory or municipal law, and to personally in¬ 
spect and scrutinize, from time to time, and at all times, 
on the day of election, the manner in which the voting 
is done, and the way and method in which the poll- 
books, registry lists and tallies or check-books, whether 
the same are required by any law of the United States, 
or any state, territorial, or municipal law, are kept; 
and to the end that each candidate for the office of 
representative or delegate in Congress shall obtain the 
benefit of every vote for him cast, the said supervisors 
of election are, and each of them is, hereby required, 
in their or his respective election districts or voting 
precincts, to personally scrutinize, count, and canvass 
each and every ballot in their or his election district 
or voting precinct cast, whatever may be the indorse¬ 
ment on said ballot, or in whatever box it may have 
beeu placed or be found ; to make and forward to the 
officer who, in accordance with the provisions of sec- 
ftatement attach tiou tllir teeu of this act, shall have been designated 
as the chief supervisor of the judicial district in which 
the city or town, wherein they or he shall serve, shall 
be, such certificates and returns of all such ballots as 


Supervisors 
personally to 
scrutinize and 
count each bal 
lot. 


Supervisors to 
make returns, 


statement 

thereto. 


Chap* I.] OF THE UNITED STATES. 


41 


Supervisors to 
occupy the best 
positions for 


said officer may direct and require, and to attach to 
the registry list, and any and all copies thereof, and 
to any certificate, statement, or return, whether the 
same, or any part or portion thereof, be required by 
any law of the United States, or of any state, terri¬ 
torial, or municipal law, any statement touching the 
truth or accuracy ot the registry, or the truth or fair¬ 
ness of the election and canvass, which the said super¬ 
visors of election, or either of them, may desire to 
make or attach, or which should properly and honestly 
be made or attached, in order that the facts may be¬ 
come known, any law ot any state or territory to the 
contrary notwithstanding. 

Section (>. And be it further enacted , That the bet¬ 
ter to enable the said supervisors of election to dis¬ 
charge their duties, they are, and each of them is, scrutinizin 
hereby authorized and directed , in their or his respec- & c ., at the cios- 
tive election districts or votiug precincts, on the day in 8 of the P olls - 
or days of registration, on the day or days when reg¬ 
istered voters may be marked to be challenged, and 
on the day or days of election, to take, occupy and re¬ 
main in such position or positions, from time to time, 
whether before or behind the ballot-boxes, as will, in 
their judgment, best enable them or him to see each 
person ottering himself for registration or ottering to 
vote, and as will best conduce to their or his scruten- 
izing the manner in which the registration or voting 
is being conducted ; and at the closing of the polls for 
the reception of votes, they are, and each of them is, 
hereby required to place themselves or himself in such 
position in relation to the ballot-boxes, for the purpose 
of engaging in the work of canvassing the ballots in 
said boxes contained, as will enable them or him to 
fully perform the duties in respect to such canvass pro* 
vided in this act, and shall there remain until every 
duty iu respect to such canvass, certificates, returns 
and statements shall have been wholly completed, any 
law ot any state or territory to the contrary notwith¬ 
standing. 

Section 7. And be it further enacted , That if any 
election district or voting precinct in any city, town 
or village, for which there shall have been appointed 
supervisors of election for any election at which a rep¬ 
resentative or delegate in Congress shall be voted for, 
the said supervisors of election, or either of them, shall 
not be allowed to exercise and discharge, fully and 
freely, and without bribery, solicitation, interference, 
hiuderance, molestation, violence, or threats thereof, 
on the part of or from any person or persons, each and 


Supervisors to 
remain until 
duty is fully 
done. 


If the supervi¬ 
sors are molest¬ 
ed in the dis¬ 
charge of their 
duty, they are 
to report, with¬ 
in, &e., to the 
chief supervi¬ 
sor of the judi¬ 
cial district. 


42 


CONSTITUTION AND LAWS 


Duty of chief 
supervisor in 
such case. 


In elections of 
representatives 
in Congress, in 
certain cities, 
&c., the mar¬ 
shal to appoint 
two special de¬ 
puties to aid su¬ 
pervisors of 
elections. 

Duties of such 
marshals and 
specials. 


To keep the 
peace, prevent 
fraud, <fcc. 


[Chap. I. 

every of the duties, obligations and powers conferred 
upon them by this act and the act hereby amended, it 
shall be the duty of the supervisors of election, and each 
of them, to make prompt report, under oath, within ten 
days after the day of election, to the officer who, in ac¬ 
cordance with the provisions of section thirteen of this 
act, shall have been designated as the chief supervisor 
of the judicial district in which the city or town wherein 
they or he served shall be, of the manner and means 
by which they were, or he was, not so allowed to fully 
and freely exercise and discharge the duties and obli¬ 
gations required and imposed by this act. And upon 
receiving any such report, it shall be the duty of the 
said chief supervisor, acting both in such capacity and 
officially as a commissioner of the circuit court, to 
forthwith examine into all the facts thereof; to sub¬ 
poena and compel the attendance before him of any 
witnesses; administer oaths and take testimony in re¬ 
spect to the charges made; and prior to the assembling 
of the Congress for which any such representative or 
delegate was voted for, to have filed with the clerk of 
the House of Representatives of the Congress of the 
United States all the evidence by him taken, all infor¬ 
mation by him obtained, and all reports to him made. 

Section 8. Andie it further enacted, That whenever 
an election at which representatives or delegates in 
Congress are to be chosen shall be held in any city or 
town of twenty thousand inhabitants or upward, the 
marshal of the United States for the district in which 
said city or town is situated shall have power, and it 
shall be his duty, on the application, in writing, of at 
least two citizens residing in any such city or town, 
to appoint special deputy marshals, whose duty it shall 
be, when required as provided in this act, to aid and 
assist the supervisors of election in the verification of 
any list of persons made under the provisions of this 
act, who may have registered, or voted, or either; to 
attend in each election district or voting precinct at 
the times and places fixed for the registration of vo¬ 
ters, and at all times and places when and where said 
registration may by law be scrutinized and the names 
of registered voters be marked for challenge; and also 
to attend, at all times for holding such elections, the 
polls of the election in such district or precinct. And 
the marshal and his general deputies, and such special 
deputies, shall have power, and it shall be the duty of 
such special deputies, to keep the peace, and support 
and protect the supervisors of elections in the dis¬ 
charge of their duties, preserve order at such places 


OF THE UNITED STATES. 


43 


Chap. I.] 

of registration and at such polls, prevent fraudulent 
registration and fraudulent voting thereat, or fraudu¬ 
lent conduct on the part of any officer of election, and 
immediately, either at said place of registration or poll¬ 
ing place, 6r elsewhere, and either before or after reg¬ 
istering or voting, to arrest and take into custody, with Tomakecertaia 
or without process, any person who shall commit, or ai ^? sts l Wlth 01 
attempt or oner to commit, any of the acts or offences 
prohibited by this act, or the act hereby amended, or 
who shall commit any offence against the laws of the 
United States: Provided , That no person shall be ar-Provisions as to 
rested without process for any offence not committed arrests - 
in the presence of the marshal or his general or special 
deputies, or either of them, or of tire supervisors of 
election, or either of them, and, for the purposes of eie?Sms°to ° f 
arrest or the preservation of the peace, the supervisors have power, &c., 
of election, and each of them, shall, in the absence of of deputy mar- 
the marshal’s deputies, or it required to assist said shals ' 
deputies, have the same duties and powers as deputy 
marshals: And provided further. That no person shall, a r^cesson 1 " 
on the day or days of any such election, be arrested days P of election 
without process for any offence committed on the day for certain of- 
or days of registration fences. 

Section 9. Andie itfurther enacted, That whenever Persons arrest- 
any arrest is made under any provision of this act, the ©d to be taken 
person so arrested shall forthwith be brought before a foJe^judgef&e. 
commissioner, judge, or court of the United States for 
examination of the offences alleged against him; and 
such commissioner, judge, or court shall proceed in 
respect thereto as authorized by law in case of crimes 
against the United States. 

Sec noN 10 And he it further enacted , That whoever, penalty for m- 
with or without any authority, power, or process, or terferingwith 
pretended authority, power, or process, of any state, e^ti^Tor ° f 
territorial, or municipal authority, shall obstruct, bin- marshals, or 
der, assault, or by bribery, solicitation, or otherwise, their deputies, 
interfere with or prevent the supervisors of election, 
or either of them, or the marshal or his general or spe¬ 
cial deputies, or either of them, in the performance of 
any duty required of them, or either of them, or which 
lie or they, or either of them, may/ be authorized to 
perform by any law of the United States, whether in 
the execution of process or otherwise, or shall by any 
of the means before mentioned hinder or prevent the fo ^ c prs ' 
free attendance and presence at such places of regis- the attendance 
tration or at such polls of election, or full and free of supervisors, 
access and egress to and from any such place of regis- ^p^esofri- 
tration or poll of election, or in going to and from any istration, or at 
such place of registration or poll of election, or to and the polls, &c. 


44 


CONSTITUTION AND LAWS [Chap. I. 


Penalty for 
threatening or 
offering, &c., so 
to do. 

Penalty for neg¬ 
lect or refusal 
to aid, &c., when 
required. 


Penalty for re¬ 
fusing to an¬ 
swer or answer¬ 
ing falsely. 


Penalty upon 
supervisors of 
elections, and 
special deputy 
marshals, who 
have taken the 
oath, for neg¬ 
lect, &c., to dis¬ 
charge their du¬ 
ties. 


from any room where any such registration or election 
or canvass of votes, or of making any returns or cer¬ 
tificates thereof, may be had, or shall molest, interfere 
with, remove, or eject from any such place of registra¬ 
tion or poll of election, or of canvassing votes cast 
thereat, or of making returns or certificates thereof, 
any supervisor of election, the marshal, or his general 
or special deputies, or either of them, or shall threaten, 
or attempt, or offer so to do, or shall refuse or neglect 
to aid and assist any supervisor of election, or the 
marshal or his general or special deputies, or either of 
them, in the performance of his or their duties when 
required by him or them, or either of them, to give 
such aid and assistance, he shall be guilty of a misde¬ 
meanor and liable to instant arrest without process, 
and on conviction thereof shall be punished by impri¬ 
sonment not more than two years, or by fine not more 
than three thousand dollars, or by both such fine and 
imprisonment, and shall pay the costs of the prosecu¬ 
tion. Whoever shall, during the progress of any veri¬ 
fication of any list of the persons who may have regis¬ 
tered or voted, and which shall be had or made under 
any of the provisions of this act, refuse to answer, or 
refrain from answering, or answering shall knowingly 
give false information in respect to any inquiry law¬ 
fully made, such person shall be liable to arrest and 
imprisonment as for a misdemeanor, and on conviction 
thereof shall be punished by imprisonment not to ex¬ 
ceed thirty days, or by tine not to exceed one hundred 
dollars, or by both such fine and impiisonment, and 
shall pay the costs of the prosecution. 

Sectd »jn 11 . And l)e it fit t ther enacted , That whoever 
shall be appointed a supervisor of election ora special 
deputy marshal under the provisions of this act, and 
shall take the oath of office as such supervisor of elec¬ 
tion or such special deputy marshal, who shall there¬ 
after neglect or refuse, without good and lawful ex¬ 
cuse, to perform and discharge fully the duties, obli¬ 
gations and requirements of such office until the ex¬ 
piration of the term for which he was appointed, shall 
not only be subject to removal from office, with loss 
of all pay or emoluments, but shall be guilty of a mis¬ 
demeanor, and on conviction shall be punished by 
imprisonment for not less than six months, nor more 
than one year, or by a fine not less than two hundred 
dollars, ana not exceeding five hundred dollars, or 
by both fine and imprisonment, and shall pay the costs 
of prosecution. 


OF THE UNITED STATES. 


45 


Chap. I.] 

SECTION 12i Alld be it further enacted^ That tll6 Marshals and 
marshal, or his general deputies, or such special depu- deputies may, 
ties as shall be thereto specially empowered- by him, the* 1 

in writing, and under his hand and seal, whenever he bystanders for 
or his said general deputies or his special deputies, or aid - 
either or any of them, shall be forcibly resisted in exe¬ 
cuting their duties under this act, or the act hereby 
amended, or shall, by violence, threats or menaces, be 
prevented from executing such duties, or from arrest¬ 
ing any person or persons who shall commit any offence 
for which said marshal or his general or his special 
deputies are authorized to make such arrest, are, and 
each of them is hereby, empowered to summon and 
call to his or their aid the bystanders or posse comita - 
tus of his district. 

Section 13. And be it further exacted , That it shall circuit courts, 
be the duty of each of the circuit courts of the United on or before, 7 
States in and for each judicial circuit, upon the recoin- ^ c e ’ a ^ cfrcuit fc 
mendation in writing of the judge thereof, to name one of their 
and appoint, 011 or before the first day of May, in the commissioners 
year eighteen hundred and seventy-one, and thereafter per^so C rof eiec- 
as vacancies may from any cause arise, from among tions for the 
the circuit court commissioners in and for each judi- dlstnct - 
cial district in each of said judicial circuits, one of 
such officers, w 7 ho shall be known for the duties re¬ 
quired of him under this act as the chief supervisor 
of elections of the judicial district in and for which 
he shall be a commissioner, and shall, so long as faith- Term of office, 
ful and capable, discharge the duties iu this act im¬ 
posed, and whose duty it shall be to prepare and fur- ® 
nish all necessary books, forms, blanks, and instruc- elections, 
tions for the use and direction of the supervisors of 
election in the several cities and towns in their respec¬ 
tive districts ; to receive the applications of all parties 
for appointment to such positions; and upon the open¬ 
ing, as contemplated in this act, of the circuit court 
for the judicial circuit in which the commissioner so 
designated shall act, to jiresent such applications to 
the judge thereof, and furnish information to said judge 
in respect to the appointment by the said court of such 
supervisors of election; to require of the supervisors 
of election, where necessary, lists of the persons who 
may register and vote, or either, in their respective 
election districts or voting precincts, and to cause the 
names of those upon any such list whose right to regis¬ 
ter or vote shall be honestly doubted to be verified by 
proper inquiry and examination at the respective places 
by them assigned as their residences; and to receive, 
preserve, and file all oaths of office of said supervisors 


46 


CONSTITUTION AND LAWS [Chap. I. 

of election, and of all special duty marshals appointed 
under the provisions of this act, and all certificates, 
returns, xeports, and records of every kind and nature 
contemplated or made requisite underand by the pro¬ 
visions of this act, save where otherwise herein speci- 
Marshais, &c., ally directed. And it is hereby made the duty of all 
11 iafot* &c °to 1 " United States marshals and commissioners who shall 
chief supervi° in any judicial district perform any duties under the 
provisions of this act, or the act hereby amended, re 
latiug to, concerning, or affecting the election of rep¬ 
resentatives or delegates in the Congress of the United 
States, to, from time to time, and with all due dili¬ 
gence, forward to the chief supervisor in and for their 
judicial district all complaints, examinations, and re¬ 
cords pertaining thereto, and all oaths of office by them 
administered to any supervisor of election or special 
deputy marshal, in order that the same may be pro¬ 
perly preserved and filed. 

Pay of chief sti- Sbction 14. And he it further enacted , That there 
pervisor, shall be allowed and paid to each chief supervisor, tor 
his services as such officer, the following compensa¬ 
tion, apart from and in excess of all fees allowed by 
law for the performance of any duty as circuit court 
commissioner: For filing and caring for every return, 
report, record, document, or other paper required to 
be'filed by him under auy of the provisions of this act, 
ten cents ; for affixing a seal to any paper record, re¬ 
port, or instrument, twenty cents; for entering and 
indexing the records of his office, fifteen cents per 
folio; and for arranging and transmitting to Congress, 
as provided for in section seven of this act, any report, 
statement, record, return, or examination, for each 
folio, fifteen cents; and for any copy thereof, or of 
Pay of superyi- any paper on file, a like sum. And there shall be al- 
sors,and special j owe q an( j p a iq iq each and every supervisor of elee- 
«S. y m r tion, and each and every special deputy marshal who 
shall be appointed and shall perform his duty under 
the provisions of this act, compensation at the rate of 
five dollars per day for each and every day he shall 
have actually been on duty, not exceeding ten days. 
Fees of chief And the fees °f the said chief supervisors shall be paid 
supervisors to at the treasury of the United States, such accounts to 
h@ paid where. mac j e out, verified, examiued and certified as in the 
case of accounts of commissioners, save that the ex¬ 
amination or certificate required may be made by either 
the circuit or district judge. 

Jurisdiction of Sec i ion 15. And he it further enacted , That the jti- 
tfyecircuit court risdiction of the circuit court of the United States 
extruded. shall extend to all cases in law or equity arising under 


Chap. I.] OF THE UNITED STATES. 


47 


the provisions of this act or the act hereby amended; Suits for dama- 
and if any person shall receive any injury to his per- g 0S in circuit 
son or property for or on account of any act by him courfcs * 
done under any of the provisions of this act or the act 
hereby amended, he shall be entitled to maintain suit 
for damages therefor in the circuit court of the United 
States in the district wherein the party doing the in¬ 
jury may reside or shall be found. 

Section 16. And be it further enacted, That in any Suits, Ac., in 
case where suit or presecution, civil or criminal, shail state courts for 
be commenced in a court of any state against any this act^to be* 
officer of the United States, or other person, for or on removed to «r- 
account of any act done under the provisions of this cu j t , court "P 0 * 1 
act, or under color thereof, or for or on account of any pe 1 lon ' 
right, authority, or title set up or claimed by such 
officer or other person under any of said provisions, 
it shall be lawful for the defendant in such suit or 
prosecution, at any time before trial, upon a petition 
of the circuit court of the United States in and for 
the district in which the defendant shall have been 
served with process, setting forth the nature of said 
suit or prosecution, and verifying the said petition by Mo( j e Q f proce _ 
affidavit, together with a certificate signed by an at- dure, 
torney or counsellor at law of some court of record of 
the state in which such suit shall have been com¬ 
menced, or of the United States, setting forth that as 
counsel for the petition[er] he has examined the pro¬ 
ceedings against him, and has carefully inquired into 
all the matters set forth in the petition, and that he 
believes the same to be true, which petition, affidavit, 
and certificate shall be presented to the said circuit 
court, if in session, and, if not, to the clerk thereof at 
his office, and shall be filed in said office, and the cause 
shall thereupon be enteied on the docket of said court, 
and shall be thereafter proceeded in as a cause origi¬ 
nally commenced in that court; and it shall be the 
duty of the clerk of said court, if the suit was com-clerk of court 
inenced in the court below by summons, to issue 
writ of certiorari to the state court, requiring said 
court to send to the said circuit court the record and 
proceedings in said cause; or if it was commenced by 
capias, he shall issue a writ of habeas corpus cum causa, 
a duplicate of which said writ shall be delivered to the 
clerk of the state court, or left at his office by the mar¬ 
shal of the district, or his deputy, or some person duly 
authorized thereto; and thereupon it shall be the duty 
of the said state court to stay all further proceedings in Proceedings in 
such cause, and the said suit or prosecution, upon de- state court to 
Mvery of such process, or leaving the same as afore- cease ‘ 


48 


CONSTITUTION AND LAWS 


Penalty for pro¬ 
ceeding further 
in state courts. 


If defendant is 
in custody, the 
marshal to take 
him. 


Attachments, 
bail, &c. 


If record of 
state court can¬ 
not be obtain¬ 
ed, court may 
order the plain¬ 
tiff to begin 
anew, or be de¬ 
faulted. 


If clerk of state 
court unlawful¬ 
ly refuses to de¬ 
liver copies of 
records, &c.,the 
circuit may al¬ 
low the record 
to be supplied 
by affidavit. 


[Chap. I. 

said, shall be deemed and taken to be moved to the 
said circuit court, and any further proceedings, trial, 
or judgment therein in the state court shall be wholly 
null and void; and any person, whether an attorney 
or officer of any state court, or otherwise, who shall 
thereafter take any steps, or in any manner proceed 
in the state court in any action so removed, shall be 
guilty of a misdemeanor, and liable to trial and pun¬ 
ishment in the court to which the action shall have 
been removed, and upon conviction thereof shall be 
punished by imprisonment for not less than six months 
nor more than one year, or by fine not less than five 
hundred nor more than one thousand dollars, or by 
both such fine and imprisonment, and shall in addi¬ 
tion thereto be amenable to the said court to which 
said action shall have been removed as for a contempt; 
and if the defendant in any such suit be in actual 
custody on mesne process therein, it shall be the duty 
of the marshal, by virtue of the writ of habeas corpus 
cum causa, to take the body of the defendant into his 
custody, to be dealt with in the said cause according 
to the rules of law and the order of the circuit court, 
or of any judge thereof in vacation. And all attach¬ 
ments made and all bail or other security given upon 
such suit or prosecution shall be and continue in like 
force and effect as if the same suit or prosecution had 
proceeded to final judgment and execution in the state 
court. And if upon the removal of any such suit or 
prosecution it shall be made to appear to the said cir¬ 
cuit court that no copy of the record and proceedings 
therein in the state court can be obtained, it shall be 
lawful for said circuit court to allow and require the 
plaintiff’ to proceed cle novo, and to file a declaration 
of his cause of action, and the parties may thereupon 
proceed as in actions originally brought in said circuit 
court; and on failure of so proceeding judgment of 
non prosequitur may be rendered against the plaintiff, 
with costs for the defendant. 

Section 17. And he it further enacted, That in any 
case in which any party is or may be by law entitled 
to copies of the record and proceedings in any suit or 
prosecution in any state court, to be used in any court 
of the United States, if the clerk of the said state court 
shall, upon demand and the payment or tender of the 
legal fees, refuse or neglect to deliver to such party 
certified copies of such record and proceedings, the 
court of the United States in which such record and 
proceedings may be needed, on proof by affidavit that 
the clerk of such state court has refused or neglected 


OF THE UNITED STATES. 


40 


Chap. I.] 


to deliver copies thereof on demand as aforesaid, may 
direct and allow such record to he supplied by affidavit 
or otherwise, as the circumstances of the case may re¬ 
quire and allow; and thereupon such proceeding, trial Subsequent 
and judgment may be had in the said court of theP^ e ®^p in 
United States, and all such processes awarded, as if 8 s * 
certified copies of such records and proceedings had 
been regularly before the said court; and hereafter in 
all civil actions in the . courts of the United States Notice of ac- 
either party thereto may notice the same for trial. tions for trial. 

Section 18. And be it further enacted , That sections Repeal of act 
five and six of the act of the Congress of the United 1870, ch. 254, 
States, approved July fourteen, eighteen hundred and §§ 5 aDd 6 - 
seventy, and entitled “An Act to amend the naturali¬ 
zation laws, and to punish crimes against the same,” 
be, and the same are hereby repealed; but this repeal 
shall not affect any proceeding or prosecution now cuSous S ic OSe 
pending for any offence under the said sections, or not affected.’ 
either of them, or any question which may arise therein 
respecting the appointment of the persons in said sec¬ 
tions, or either of them, provided for, or the powers, 
duties or obligations of such persons. 

Section 19. And be it further enacted , That all votes votes for repre- 
for representatives in Congress shall hereafter be by sentatives in 
written or printed ballot, any law of any state to the oniTbTwritten 
contrary notwithstanding; and all votes received or or printed bai- 
reeorded contrary to the provisions of this section shall lot - 
be of none effect. 

Congressional Apportionment Under Census 
of 1870. 

AN ACT for the apportionment of representatives to Congress among 
the several states according to the ninth census. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled , That from and after the third day of March, Number of rep- 
eighteen hundred and seventy-three, the House of resentatives - 
Eepresentatives shall be composed of two hundred 
and eighty-three members, to be apportioned among 
the several states in accordance with the provisions of 
this act, that is to say: To the state of Maine, five; Howto beap- 
to the state of New Hampshire, two; to the state of portioned. 
Vermont, two; to the state of Massachusetts, eleven ; 
to the state of Eliode Island, two ; to the state of Con¬ 
necticut, four; to the state of New York,thirty-two; 
to the state of New Jersey, seven; to the state of Penn¬ 
sylvania, twenty-six ; to the state of Delaware, one; 
to the state of Maryland, six; to the state of Virginia, 
nine; to the state of North Carolina, eight; to the 
4 


CONSTITUTION AND LAWS 



[Chap. I. 


Proviso. 


How to be 
elected. 


Proviso. 


When to be 
.elected. 


state of South Carolina, five; to the state of Georgia, 
nine; to the state of Alabama, seven ; to the state of 
Mississippi, six ; to the state of Louisiana, five; to 
the state of Ohio, twenty; to the state ot Kentucky, 
ten ; to the state of Tennessee, nine; to the state of 
Indiana, twelve; to the state of Illinois, nineteen ; to 
the state of Missouri, thirteen; to the state of Arkan¬ 
sas, four ; to the state of Michigan, nine; to the state 
of Florida, one; to the state of Texas, six; to the state 
of Iowa, nine; to the state of Wisconsin, eight; to 
the state of California, four; to the state of Minne¬ 
sota, three; to the state of Oregon, one; to the state 
of Kansas, three; to the state of West Virginia, three; 
to the state of Nevada, one; to the state of Nebraska, 
one: Provided , That if, after such apportionment shall 
have been made, any new state shall be admitted into 
the Union, the representative or representatives of 
such new sta£e shall be additional to the number of 
two hundred and eighty-three herein limited. 

Section 2. That in each state entitled under this 
law to more than one representative, the number to 
which said states may be entitled in the Forty-third, 
and each subsequent Congress, shall be elected by dis¬ 
tricts composed of contiguous territory, and contain¬ 
ing as nearly as practicable an equal number of in¬ 
habitants, and equal in number to the number of 
representatives to which said state may be entitled in 
Congress, no one district electing more than one rex>- 
resentative: Provided , That in the election of repre¬ 
sentatives to the Forty-third Congress in any state 
which by this law is given an increased number of 
representatives, the additional representative or rep¬ 
resentatives allowed to such state may be elected by / 
the state at large, and the other representatives to 
which the state is entitled by the districts as now pre¬ 
scribed by law in said state, unless the legislature of 
said state shall otherwise provide betore the time fixed 
by law for the election of representatives therein. 

Section 3. That the Tuesday next after the first 
Monday in November, in the year eighteen hundred 
and seventy-six, is hereby fixed and established as the 
day, in each of the states and territories of the United 
States, for the election of representatives and dele¬ 
gates to the Forty-fifth Congress; and the Tuesday 
next after the first Monday in November, in every 
second year thereafter, is hereby fixed and established 
as the day for the election, in each of said states and 
territories, of representatives and delegates to the Con- 


Chap. I.] OP THE UNITED STATES. 


51 


gress commencing on the fourth day of March next 
thereafter. 

Section 4. That if, upon trial, there shall be a fail- Failure to elect, 
ure to elect a representative or delegate in Congress 
in any state, district, or territory, upon the day hereby 
fixed and established for such election, or if, after any 
such election, a vacancy shall occur in any such state, 
district, or territory, from death, resignation, or other¬ 
wise, an election shall be held to fill any vacancy Vacancies, 
caused by such failure, resignation, death, or other¬ 
wise, at such time as is or may be provided by law for 
filling vacancies in the state or territory in which the 
same may occur. 

Section 5. That no state shall be hereafter admit- No state to be 
ted to the Union without having the necessary popu- bunion with 
lation to entitle it to at least one representative ac- outcertahi^op- 
cording to the ratio of representation fixed by this bill, ulation. 

Section 6. That should any state, after the passage XT . , 

ot this act, deny or abridge the right of any of the resentatives to 
male inhabitants of such state, being twenty-one years be reduced m 
of age, and citizens of the United States, to vote at certam cases - 
any election named in the amendments to the Consti¬ 
tution, article fourteen, section two, except for partici¬ 
pation in the rebellion or other crime, the number Qf 
representatives apportioned in this act to such state 
shall be reduced in the proportion which the number 
of such male citizens shall have to the whole number 
of male citizens twenty-one years of age in such state. 

Appiioved—F ebruary 2, 1872. 


AN ACT supplemental to an act, entitled “An Act for the apportion¬ 
ment of representatives to Congress among the several states ac¬ 
cording to the ninth census.” 

Be it enacted by ike Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled , That from and after the third day of March, 
eighteen hundred and seventy-three, the following 
States shall be entitled to one representative each in 
the Congress of the United States in addition to the 
number apportioned to such states by the act, entitled 
“ An Act for the apportionment of representatives to • 
Congress among the several states according to the 
ninth census,” approved February second, eighteen 
hundred and seventy-two, to wit: New Hampshire, 
Vermont, New York, Pennsylvania, Indiana, Tennes¬ 
see, Louisiana, Alabama and Florida, and be elected 
by separate districts, as in said act directed: Provided , 
That in the election of representatives to the Forty- 
third Congress, only, in any state which by this law 


52 


CONSTITUTION AND LAWS. [Cliap. I. 

is given an increased number of representatives, the 
additional representative allowed to such state may 
be elected by the state at large, unless the legislature 
of said state shall otherwise provide before the time 
fixed by law for the election of representatives therein. 
Appkoved- 1872. 



CHAPTER II. 


EXTRACTS FROM 

CONSTITUTION OF PENNSYLVANIA. 


AETICLE I. 

Section 2. The representatives shall be chosen an- Election of rep- 
nually by the citizens on the second Tuesday of Octo- resentatives. 
her. (a) 

Section 5. The senators shall be chosen for three senators, 
years, by the citizens at the same time, in the same 
manner, and at the same places where they shall vote 
for representatives. 

AETICLE II. 

Section 2. The governor shall be chosen on the Election of gov- 
second Tuesday of October, by the citizens of the com- ernor. 
monwealth, at the places where they shall respectively 
vote for representatives; the returns of every election 
for governor shall be sealed up and transmitted to the 
seat of government, directed to the speaker of the 
Senate, who shall open and publish them in the pres¬ 
ence of the members of both houses of the legislature; 
the person having the highest number of votes shall 
be governor; but if two or more shall be equal and 
highest in votes, one of them shall be chosen governor 
by the joint vote of the members of both houses. Con¬ 
tested elections shall be determined by a committee 
to be selected from both houses of the legislature, and 
formed and regulated in such manner as shall be 
directed by law. 

Section 3. The governor shall hold his office during Term of office ^ 
three years from the third Tuesday of January next 
ensuing his election, and shall not be capable of hold¬ 
ing it longer than six, in any term of nine years. 

AETICLE III. 

Qualifications of Electors. 

Section 1. In elections by the citizens, every white Elective fran- 
(b) freeman of the age of twenty-one years, having re- chise. 

(а) For present apportionment bill, see P. L. 1871, 252 and 259. 

(б) The word “ white” w T as inserted by the constitutional conven¬ 
tion of 1837-8; but prior to that it had been decided that neither a ne¬ 
gro or mulatto was entitled to exercise the right of suffrage under the 
constitution and laws of Pennsylvania .—Hobbs and others vs. Hogg, 6 
Watts , 553. 





54 


CONSTITUTION OF 


How exercised. 


Privilege from 
arrest. 


Electors in mili¬ 
tary service. 


Efection of 
judges. 


[Chap. II. 

sided (a) in this state one year, and in the election dis¬ 
trict where he offers to vote ten days immediately 
preceding such election, and within two years paid 
a state or county tax, (b) which shall have been as¬ 
sessed at least ten days before the election, shall enjoy 
the rights of an elector; but a citizen of the United 
States who had previously been a qualified voter of 
this state, and removed therefrom and returned, and 
who shall have resided in the election district, and 
paid taxes as aforesaid, shall be entitled to vote, after 
residing in the state six months: Provided , That white 
freemen, citizens of the United States, between the 
ages of twenty-one and twenty-two years, and having 
resided in the state one year, and in the election dis¬ 
trict ten days, as aforesaid, shall be entitled to vote, 
although they shall not have paid taxes. 

Section 2. All elections shall be by ballot, except 
those by persons in their representative capacities, 
who shall vote viva voce . 

Section 3. Electors shall, in all cases, except treason, 
felony and breach or surety of the peace, be privileged 
from arrest during their attendance on elections, and 
in going to and returning from them. 

Section 4. Whenever any of the qualified electors 
of this commonwealth shall be in any actual military 
service, under a requisition from the President of the 
United States, or by the authority of this common¬ 
wealth, such electors may exercise the right of suf¬ 
frage in all elections by the citizens, under such regu¬ 
lations as are or shall be prescribed by law, as fully 
as if they were present at their usual place of elec¬ 
tion. (c) 

AETIOLE V. 

Of the Judiciary. 

Section 2. The judges of the supreme court, of the 
several courts of common pleas, and of such other 
courts of record as are or shall be established by law, 
shall be elected by the qualified electors of the com¬ 
monwealth in the manner following, to-wit: The 

(a) Students attending college do not thereby acquire the necessary 
residence.— Fry's appeal , Leg. hit. of 2oth July, 1872, p. 237. 

(&) To enable a citizen, otherwise qualified, to enjoy the rights of an 
elector, it is necessary that he should, within two years next before 
the election, have paid a state or county tax, which had been assessed 
upon him personally , at least six months before the election. —Gatlin 
vs. /Smith , 2 8. & B., 267. 

(c) This is an amendment of 1864, and was adopted subsequently to 
the decision in the case of Chase vs. Miller , (5 Wright , 403,) which de¬ 
nied to citizens in the military service the right to vote except in the 
election districts in which they resided. 



PENNSYLVANIA, 


Chap. II.] 


judges of the supreme court, by the qualified electors Terms of office, 
of the commonwealth at large: the president judges 
of the several courts of common pleas and of such 
other courts of record as are or shall be established 
by law, and all other judges required to be learned 
in the law, by the qualified electors of the respective 
districts over which they are to preside or act as 
judges: and the associate judges of the courts of 
common pleas by the qualified electors of the coun¬ 
ties respectively. The judges of the supreme court 
shall hold their offices for the term of fifteen years, if 
they shall so long behave themselves well (subject to 
the allotment hereinafter provided for, subsequent to 
the first election.) The president judges of the sev¬ 
eral courts of common pleas, and of such other courts 
of record as are or shall be established by law, and 
all other judges required to be learned in the law, 
shall hold their offices for the term of ten years, if 
they shall so long behave themselves well. The as¬ 
sociate judges of the courts of common pleas shall 
hold their offices for the term of five years, if they 
shall so long behave themselves well: all of whom 
shall be commissioned by the governor, but for any How cornmis- 
reasonable cause which shall not be sufficient grounds and rQ - 
of impeachment, the governor shall remove any 0 f move( - 
them on the address of two-thirds of each branch of 
the legislature. The first election shall take place at Firgt electiou 
the general election of this commonwealth next after 
the adoption of this amendment, and the commissions 
of all the judges who may be then in office shall ex¬ 
pire on the first Monday in December following, when 
the terms of the new judges shall commence. The 
persons who shall then be elected judges of the su¬ 
preme court shall hold their offices as follows: one of 
them for three years, one for six years, one for nine 
years, one for twelve years, and one for fifteen years; 
the term of each to be decided by lot by said judges 
as soon after the election as convenient, and the re¬ 
sult certified by them to the governor, that the com¬ 
missions may be issued in accordance thereto. The 
judge whose commission will first expire shall be chief 
justice during his term, and thereafter each judge 
whose commission shall first expire shall in turn be 
chief justice, and if two or more commissions shall 
expire on the same day the judges holding them shall 
decide by lot which shall be the chief justice. Any Vacancies 
vacancies happening by death, resignation or other¬ 
wise, in any of the said courts, shall be filled by ap¬ 
pointment by the governor, to continue till the first 


56 


CONSTITUTION OF 


Compensation. 


Residence. 


Sheriffs and 
coroners. 


State treasurer. 


Election of jus¬ 
tices of the 
peace and aider- 
men. 


[Chap. II. 

Monday of December succeeding the next general 
election, (a) The judges of the supreme court and 
the presidents of the several courts of common pleas 
shall, at stated times, receive for their services an ade¬ 
quate compensation, to be fixed by law, which shall 
not be diminished during their continuance in office, 
but they shall receive no fees or perqaisities of office, 
nor hold any other office of profit under this common¬ 
wealth, or under the government of the United States, 
or any other state of this Union. The judges of the 
supreme court during their continuance in office shall 
reside within this commonwealth, and the other judges 
during their continuance in office shall reside within 
the district or county for which they were respectively 
elected. 

AETIOLE VI. 

Of Sheriffs and Coroners. 

Section 1. Sheriffs and coroners shall, at the times 
and places of election of representatives, be chosen 
by the citizens of each county. One person shall be 
chosen for each office, who shall be commissioned by 
the governor. They shall hold their offices for three 
years, if they shall so long behave themselves well, and 
until a successor be duly qualified; but no person 
shall be twice chosen or appointed sheriff in any term 
of six years. Vacancies in either of the said offices 
shall be filled by an appointment, to be made by the 
governor, to continue until the next general election, 
and until a successor shall be chosen and qualified as 
aforesaid. 


Of State Treasurer. 

Section 6 . A state treasurer shall be elected annu¬ 
ally, by joint vote of both branches of the legislature. 

Of Justices of the Peace and Aldermen. 

Section 7. Justices of the peace, or aldermen, shall 
be elected in the several wards, boroughs and town¬ 
ships, at the time of the election of constables, by the 
qualified voters thereof, in such number as shall be 

(a) Under the act of 27th April, 1852, which prescribes that a vacancy 
in a judgeship shall foe filled by an election, at the next general elec¬ 
tion which shall happen more than three calendar months after the va¬ 
cancy occurs, an appointment by the governor to fill such vacancy, 
can continue only to the first Monday of December succeeding such 
first general election .—Commonwealth vs. Maxwell , 3 Casey , 444. 

When a vacancy occurs again, by the expiration of such aopoint- 
ment, the office may again be filled by appointment by the governor, 
to continue until the first Monday of December succeeding such first 
general election.— Ibid. 




PENNSYLVANIA. 


57 


Cliap. II.] 


directed by law, and shall be commissioned by the 
governor for a term of five years. But no township, 
ward or borough shall elect more than two justices of 
the peace or aldermen, 1 without the consent of a ma¬ 
jority of the qualified electors within such township, 
ward or borough. 

ARTICLE IX. 

Section 5. Elections shall be free and equal. 


Free and equal. 


CHAPTEE III. 


REGISTRY LAWS. 


AN ACT 

Further supplemental to the act relative to the elections of this Com¬ 
monwealth. 

Section 1. Be it enacted by the Senate and House oj 
Bepresentatives of the Commonwealth of Pennsylvania 
in General Assembly met , and it is hereby enacted by the 
Assessors to authority of the same , That it shall be the duty of each 
commencerevi- of the assessors within this commonwealth, on the 
serf teon^rst ^ on ^ a y in June of each year, to take up the 
Monday in b transcript he has received from the county com mi s- 
June. sioners under the eighth section of the act of fifteenth 

April, eighteen hundred and thirty-four, and jnoceed 
to an immediate revision of the same, by striking 
therefrom the name of every person who is known by 
him to have died or removed since the last previous 
assessment from the district of which he is the assessor, 
or whose death or removal from the same shall be made 
known to him, and to add to the same the name of 
any qualified voter who shall be known by him to 
have moved into the district since the last previous 
assessment, or whose removal into the same shall be 
or shall have been made known to him, and also the 
names of all who shall make claim to him to be quali¬ 
fied voters therein. As soon as this revision is com- 
Their duties pieted he shall visit every dwelling house in his dis- 
is completed, trict and make careful inquiry if any person whose 
name is on his list has died or removed from the dis¬ 
trict, and if so to take the same therefrom, or whether 
any qualified voter resides therein whose name is not 
on his list, and if so to add the same thereto; and in 
all cases where a name is added to the list a tax shall 
forthwith be assessed against the person; and the 
assessor shall in all cases ascertain, by inquiry, upon 
what ground the person so assessed claims to be a 
To make lists of voter. Upon the completion of this work it shall be 
voters. the duty of each assessor as aforesaid to proceed to 

make out a list, in alphabetical order, of the white 




Chap. III.l 


REGISTRY LAWS. 


59 


freemen, above twenty-one years of age, claiming* to 
be qualified voters in the ward, borough, township or 
district of which he is the assessor, and opposite each 
of said names state whether said freeman is or is not 
a housekeeper; and if he is, the number of his resi¬ 
dence, in towns where the same are numbered, with 
the street, alley or court in which situated; and if in 
a town where there are no numbers, the name of the 
street, alley or court on which said house fronts ; also, 
the occupation of the person ; and where he is not a 
housekeeper, the occupation, place of boarding and 
with whom, and if working for another, the name of 
the employer, and write opposite each of said names 
the word ‘‘voter.” Where any person claims to vote 
by reason of naturalization, he shall exhibit his certifi¬ 
cate thereof to the assessor, unless he has been for 
five consecutive years next preceding a voter in said 
district; and in all cases where the person has been 
naturalized, the name shall be marked with the letter 
“N - where the person has merely declared his inten¬ 
tions to become a citizen and designs to be naturalized 
before the next election, the name shall be marked 
“D Iwhere the claim is to vote by reason of being 
between the ages of twenty-one and twenty-two, as 
provided by law, the word “age” shall be entered; 
and if the person has moved into the election district 
to reside since the last general election, the letter “E” 
shall be placed opposite the name. It shall be the 
further duty of each assessor as aforesaid, upon the 
completion of the duties herein imposed, to make out 
a separate list of all new assessments made by him 
and the amounts assessed upon each, and furnish the 
same immediately to the county commissioners, who 
shall immediately add the names to the tax duplicate 
of the ward, borough, township or district in which 
they have been assessed. 

Section 2. On the list being completed and the 
assessments made as aforesaid, the same shall forthwith 
be returned to the county commissioners, who shall 
cause duplicate copies of said lists, with the observa¬ 
tions and explanations required to be noted as afore¬ 
said, to be made out as soon as practicable and placed 
in the hands of the assessor, who shall, prior to the 
first of August in each year, put one copy thereof on 
the door of or on the house where the election of the 
respective district is required to be held, and retain 
the other in his possession, for the inspection, free of 
charge, of any person resident in the said election dis¬ 
trict who shall desire to see the same; and it shall be 


To make sepa¬ 
rate lists of new 
assessments. 


Duty of county 
commissioners 
and assessors on 
completion of 
lists. 


GO 


REGISTRY LAWS. 


[Chap. III. 

the duty of the said assessor to add, from time to time, 
on the personal application of any one claiming the 
right to vote, the name of such claimant, and mark 
opposite the name “0 V,” and immediately assess 
him with a tax, noting, as in all other cases, his occu¬ 
pation, residence, whether a boarder or housekeeper; 
if a boarder, with whom he boards ; and whether natu¬ 
ralized or designing to be, marking in all such cases 
the letters, opposite the name, “N” or “D I,” as the 
case may be ; if the person claiming to be assessed be 
naturalized, he shall exhibit to the assessor his certifi¬ 
cate of naturalization ; and if he claims that he de¬ 
signs to be naturalized before the next ensuing elec¬ 
tion, he shall exhibit the certificate of his declaration 
of intention; in all cases where any ward, borough, 
township or election district is divided into two or 
Provisions more precincts, the assessor shall note in all his assess- 
ct^Tredivided men ^ s the election precinct in which each elector re- 
into precincts, sides, and shall make a separate return for each to the 
county commissioners, in all cases in which a return 
is required from him by the provisions of this act; and 
the county commissioners, in making duplicate copies 
of all such returns, shall make duplicate copies of the 
names of the voters in each precinct, separately, and 
shall furnish the same to the assessor; and the copies 
required by this act to be placed on the doors of or 
on election places on or before the first of August in 
each year, shall be placed on the door of or on the 
election place in each of said precincts. 

Return of extra SECTION 3. After the assessments have been corn- 
assessments, pleted on the tenth day preceding the second Tuesday 
made. andh ° W October of each year, the assessor shall, on the 
Monday immediately following, make a return to the 
county commissioners of the names of all persons as¬ 
sessed by him since the return required to be made 
by him by the second section of this act, noting oppo¬ 
site each name the observations and explanations re¬ 
quired to be noted as aforesaid; and the county com¬ 
missioners shall thereupon cause the same to be added 
lists^aSd^opy 0 return required by the second section of this act, 
furnished elec- and a full and correct copy thereof to be made, con- 
tion officers, taining the names of all persons so returned as resident 
taxables in said ward, borough, township or precinct, 
and furnish the same, together with the necessary elec¬ 
tion blanks, to the officers of the election in said ward, 
borough, township or precinct, on or before six o’clock 
in the morning of the second Tuesday of October; and 
no man shall be permitted to vote at the election on 


REGISTRY LAWS. 


61 


Oliap. III.] 


tliafc day whose name is not on said list, unless he shall 
make proof of his right to vote as hereinafter required. 

Section 4. On the day of election, any person whose Proof required 
name is not on the said list, and claiming the right to ® f h ose S name- 
vote at said election, shall produce at least one quali- a're^ioton^Ust. 
tied voter of the district as a witness to the residence 
of the claimant in the district in which he claims to be 
a voter, for the period of at least ten days next pre¬ 
ceding said election, which witness shall take and sub¬ 
scribe a written, or partly written and partly printed, 
affidavit to the facts stated by him, which affidavit 
shall define clearly where the residence is of the person 
so claiming to be a voter; and the person so claiming 
the right to vote shall also take and subscribe a writ¬ 
ten, or partly written and partly printed affidavit, 
stating, to the best of his knowledge and belief, where 
and when he was born; that he is a citizen of the 
commonwealth of Pennsylvania and qf the United 
States; that he has resided in the commonwealth one 
year, or if formerly a citizen therein and has moved 
therefrom, that he has resided therein six months next 
preceding said election; that he has not moved into 
the district for the purpose of voting therein; that he 
has paid a state or county tax within two years, which 
was assessed at least ten days before said election; 
and if a naturalized citizen, shall also state when, 
where and by what court he was naturalized, and shall 
also produce his certificate of naturalization, for exami¬ 
nation ; the said affidavit shall also state when and 
where the tax claimed to be paid by the affiant was 
assessed, and when, where and to whom paid; and the 
tax receipt therefor shall be produced for examination 
unless the affiant shall state in his affidavit that it has 
been lost or destroyed, or that he never received any; 
but if the person so claiming the right to vote shall 
take and subscribe an affidavit that he is a native born 
citizen of the United States, (or, if born elsewhere, shall 
state that fact in his affidavit, and shall produce evi¬ 
dence that he has been naturalized, or that he is enti¬ 
tled to citizenship by reason of his father’s naturaliza¬ 
tion,) and shall further state in his affidavit that he is, 
at the time of taking the affidavit, between the ages 
of twenty-one and twenty-two years, that he has re¬ 
sided in the state one year and in the election district 
ten days next preceding such election, he shall be en¬ 
titled to vote, although he shall not have paid taxes; Affidavits to be 
the said affidavits of all persons making such claims, preserved and 
and the affidavits of the witnesses to their residence, St of voters, 
shall be preserved by the election board, and at the &c. 


02 


REGISTRY LAWS. 


[Chap. III. 

close of the election they shall be enclosed with the 
list of voters, tally list, and other papers required by 
law to be filed by the return judge with the protliono- 
tary, and shall remain on file therewith in the pro- 
thonotary’s office, subject to examination, as other 
election papers are; if the election officers shall find 
that the applicant or applicants possess all the legal 
qualifications of voters, he or they shall be permitted 
Names of appiT to vote, and the name or names shall be added to the 
to voteTtobe °* faxables by the election officers, the word “tax” 
added to list of being added where the claimant claims to vote on tax, 
taxabies. and the wor( j “age” where he claims to vote on age; 

the same words being added by the clerks in each case 
respectively on the lists of persons voting at such elec¬ 
tion. 

challenges an- Section 5. It shall be lawful for any qualified citi- 
thorized. zen of the district, notwithstanding the name of the 
proposed voter is contained on the list of resident tax¬ 
abies, to challenge the vote of such persons; where- 
Proof. upon the same proof of the right of suffrage as is now 

required by law shall be publicly made and acted on 
by the election board, and the vote admitted or reject¬ 
ed according to the evidence; every person claiming 
Naturalizedciti- to be a naturalized citizen shall be required to produce 
zens to produce hi s naturalization certificate at the election before vot- 
certificates. mg, except where he has been tor ten years, consecu¬ 
tively, a voter in the district in which he offers his vote; 
and on the vote of such person being received, it shall 
be the duty of the election officers to write or stamp 
on such certificate the word “voted,” with the month 
and year; and if any election officer or officers shall 
Penalty for re- receive a second vote on the same day, by virtue of 
in 1 V second°vote same certificate, excepting where sons are entitled 

on*same^euifi-to vote by virtue of the naturalization of their fathers, 
cate. they and the person who shall offer such second vote, 

upon so offending, shall be guilty of a high misdemea¬ 
nor, and, on conviction thereof, be fined or imprisoned, 
or both, at the discretion of the court, but the fine shall 
not exceed one hundred dollars in each case, nor the 
imprisonment one year; the like punishment shall be 
inflicted, on conviction, on the officers of election who 
shall neglect or refuse to make, or cause to be made, 
the indorsement required as aforesaid on said naturali¬ 
zation certificate. 

Refusal of elec- Section 6. If any election officer shall refuse or neg- 
tion officers to lect to require such proof of the right of suffrage as is 
prescribed°by Prescribed by this law or the laws to which this is a 
law. ‘ supplement, from any person offering to vote whose 
name is not on the list of assessed voters, or whose 


REGISTRY LAWS. 


Chap. III.] 


<33 


right to vote is challenged by any qualified voter pre¬ 
sent, and shall admit such person to vote without re¬ 
quiring such proof, every person so offending shall, 
upon conviction, be guilty of a high misdemeanor, and 
shall be sentenced, for every such offence, to pay a fine 
not exceeding one hundred dollars, or to undergo an 
imprisonment not more than one year, or either or 
both, at the discretion of the court. 

Section 7. Ten days preceding every election for Duty of asses- 
electors of President and Vice President of the sore when presi- 
United States, it shall be the duty of the assessor to^e^eid. 011 
to attend at the place fixed by law for holding the 
election in each election district, and then and 
there hear all applications of persons whose names 
have been omitted from the list of assessed voters, 
and who claim the right to vote, or whose rights have 
originated since the same was made out, and shall add 
the names of such persons thereto as shall show that 
they are entitled to the right of suffrage in such dis¬ 
trict, on the personal application of the claimant only, 
and forthwith assess them with the proper tax. After 
completing the list, a copy thereof shall be placed on 
the door of or on the house where the election is to be 
held, at least eight days before the election; and at 
the election the same course shall be pursued, in all 
respects, as is required by this act and the acts to which 
it is a supplement, at the general elections in Octo¬ 
ber. The assessor shall also make the same returns 
to the county commissioners of all assessments made 
by virtue of this section; and the county commission¬ 
ers shall furnish copies thereof to the election officers 
in each district, in like manner in all respects as is 
required at the general elections in October. 

Section 8. The same rules and regulations shall special eiec- 
apply at every special election, and at every separate tions, &c. 
city, borough or ward election, in all respects, as at 
the general elections in October. 

Section 9. The respective assessors, inspectors and Assessors and 
judges of the elections shall each have power to ad- election officer* 
minister oaths to any person claiming the right to be to 

assessed or the right of suffrage, or in regard to any oaths D Stei 
other matter or thing required to be done or inquired 
into by any of said officers under this act; and any 
wilful false swearing by any person in relation to any False swearing, 
matter or thing concerning which they shall be lav*- how punished, 
fully interrogated by any of said officers, shall be 
punished as perjury. 

■Section 10. The assessors shall each receive the Compensation 
same compensation for the time necessarily spent in of assessors. 


64 


REGISTRY LAWS. 


[Chap. HI. 

performing the duties hereby enjoined as is provided 
by law for the performance of their other duties, to 
be paid by the county commissioners as in other cases ; 
Prohibition, and it shall not be lawful for any assessor to assess a 
tax against any person whatever within ten days next 
preceding the election to be held on the second Tues¬ 
day of October, in any year, or within ten days next 
before any election for electors of President and Vice 
President of the United States ; any violation of this 
provision shall be a misdemeanor, and subject the 
officer so offending to a fine, on conviction, not ex- 
Penaity. ceeding one hundred dollars, or to imprisonment not 
exceeding three months, or both, at the discretion of 
the court. 

Two overseers Seotion 11. On the petition of five or more citizens 
at elections to 0 f the county, stating under oath that they verily be- 
certahi°cases. m heve that frauds will be practiced at the election about 
to be held, in any district, it shall be the duty of the 
court of common pleas of said county, if in session, 
or if not, a judge thereof in vacation, to appoint two 
judicious, sober and intelligent citizens of the county 
to act as overseers at said election; said overseers 
Their powers, shall be selected from different political parties, where 
the inspectors belong to different parties, and where 
both of said inspectors belong to the same political 
party, both of the overseers shall be taken from the 
opposite political party; said overseers shall have the 
right to be present with the officers of the election 
during the whole time the same is held, the votes 
counted, and the returns made out and signed by the 
election officers ; to keep a list of voters, if they see 
proper; to challenge any person offering to vote, and 
interrogate him and his witnesses, under oath, in re¬ 
gard to his right of suffrage at said election, and to 
examine his papers produced; and the officers of said 
election are required to afford to said overseers so se¬ 
lected and appointed every convenience and facility 
for the discharge of their duties; and if said election 
officers shall refuse to permit said overseers to be 
present and perform their duties as aforesaid, or if 
they shall be driven away from the poils by violence 
or intimidation, all the votes polled at such election 
district may be rejected by any tribunal trying a con¬ 
test under said election: Provided , That no person 
signing the petition shall be appointed an overseer. 

Section 12. If any prothonotary, clerk, or the 
deputy of either, or any other person, shall affix the 
seal of office to any naturalization paper, or permit 
the same to be affixed, or give out, or cause or permit 


Proviso. 

Penalty for 
fraudulent is¬ 
sue and use of 
naturalization 
papers. 


REGISTRY LA.WS. 


65 


Chap. III.] 

the same to be given out, in blank, whereby it may 
be fraudulently used, or furnish a naturalization cer¬ 
tificate to any person who shall not have been duly 
examined and sworn in open court, in the presence of 
some of the judges thereof, according to the act of 
Congress, or shall aid in, connive at, or in any way 
permit the issue of any fraudulent naturalization cer¬ 
tificate, he shall be guilty of a high misdemeanor; or 
if any one shall fraudulently use any such certificate 
of naturalization, knowing that it was fraudulently 
issued, or shall vote, or attempt to vote thereon, or if 
any one shall vote, or attempt to vote, on any certi¬ 
ficate of naturalization not issued to him, he shall be 
guilty of a high misdemeanor; and either or any of 
the persons, their aiders or abettors, guilty of either 
of the misdemeanors aforesaid, shall, on conviction, 
be fined in a sum not exceeding one thousand dollars, 
and imprisoned in the proper penitentiary for a period 
not exceeding three years. 

Section 13. Any person who on oath or affirmation, Penalty for 
in or before any court in this state, or officer author- swearing faise- 
ized to administer oaths, shall, to procure a certificate to’procurenatu- 
of naturalization, for himself or any other person, laiization certi- 
wilfully depose, declare or affirm any matter to be ficate - 
fact, knowing the same to be false, or shall in like 
manner deny any matter to be fact, knowing the same 
to be true, shall be deemed guilty of perjury; and 
any certificate of naturalization issued in pursuance Certificate thus 
of any such deposition, declaration or affirmation, Gained to be 
shall be null and void; and it shall be the duty of the 111111 and V0ld ‘ 
court issuing the same, upon proof being made before 
it that it was fraudulently obtained, to take immedi¬ 
ate measures for re-calling the same for cancellation; 
and any person who shall vote, or attempt to vote, on p en aity forvot- 
any paper so obtained, or who shall in anyway aid ing on such cer- 
in, connive at, or have any agency whatever in the tlficate - 
issue, circulation or use of any fraudulent naturaliza¬ 
tion certificate, shall be deemed guilty of a misde¬ 
meanor, and upon conviction thereof, shall undergo 
an imprisonment in the penitentiary for not more than 
two years, and pay a fine, not more than one thou¬ 
sand dollars, for every such offence, or either or both, 
at the discretion of the court. 

Section 14. Any assessor, election officer or person Penalty for ne- 
appointed as an overseer, who shall neglect or refuse 8 1 g°g S °r S du &c by 
to perform any duty enjoined by this act, without rea* ‘ ’ 

sonable or legal cause, shall be subject to a penalty of 
one hundred dollars; and if any assessor shall assess 
any person as a voter who js not qualified, or shall 
5 


66 


REGISTRY LAWS. 


[Chap. III. 


Penalty for 
fraudulent al¬ 
tering, &c., of 
lists. 


Elections, when 
to be held. 


Persons elected 
when to take 
places. 


(Opening and 
closing of polls. 


Sacretaryof the 
commonwealth 
to prepare 
forms for 
blanks, &c. 

■County com¬ 
missioners to 
furnish copies 
to election offi¬ 
ce ers. 


What to apply 
to Philadelphia. 

Certain citizens 
not to be de¬ 
prived of right 
to vote. 


refuse to assess any one who is qualified, he shall be 
guilty of a misdemeanor in office, and on conviction 
be punished by fine or imprisonment, and also be sub¬ 
ject to an action for damages by the party aggrieved; 
and if any person shall fraudulently alter, add to, de¬ 
face or destroy any list of voters, made out as directed 
by this act, or tear down or remove the same from the 
place where it has been fixed, with fraudulent or mis¬ 
chievous intent, or for any improper purpose, the per¬ 
son so offending shall be guilty of a high misdemeanor, 
and on conviction shall be punished by a fine not ex¬ 
ceeding five hundred dollars, or imprisonment not 
exceeding two years, or both, at the discretion of the 
court. 

Section 15. (a) All elections for city, ward, borough, 
township and election officers shall hereafter be held 
on the second Tuesday of October, subject to all the 
provisions of the laws regulating the election of such 
officers not inconsistent with this act; the persons 
elected to such offices at that time shall take their 
places at the expiration of the terms of the persons 
holding the same at the time of such election; but no 
election for the office of assessor or assistant assessor 
shall be held, under this act, until the year one thou¬ 
sand eight hundred and seventy. 

Section 16. At all elections hereafter held, under 
the laws of this commonwealth, the polls shall be 
opened between the hours of six and seven o’clock A. 
M., and closed at seven o’clock P. M, 

Section 17. It shall be the duty of the secretary of 
the commonwealth to prepare forms for all the blanks 
made necessary by this act, and furnish copies of the 
same to the county commissioners of the several coun¬ 
ties of the commonwealth; and the county commis¬ 
sioners of each county shall, as soon as may be neces¬ 
sary after receipt of the same, at the proper expense 
of the county, procure and furnish to all the election 
officers of the election districts of their respective 
counties copies of such blanks, in such quantities as 
may be rendered necessary for the discharge of their 
duties under this act. 

Section 18 . None of the foregoing tiro visions of 
this act shall apply to the city of Philadelphia, ex¬ 
cepting sections twelve and thirteen. 

Section 19. That citizens of this state temporarily 
in the service of the state or of the United States gov¬ 
ernments, on clerical or other duty, and who do not 

(a.) This section repealed.—See post. “Miscellaneous Provisions,” 
end of chapter IV. 



REGISTRY LAWS. 


G7 


Oliap. III.] 

vote where thus employed, shall not be thereby de¬ 
prived of the right to vote in their several election 
districts if otherwise duly qualified. 

Section 20. The act, entitled “A further supple¬ 
ment to the act relating to the elections of this com¬ 
monwealth,” approved April fourth, Anno domini one 
thousand eight hundred and sixty-eight, and all other 
laws altered or supplied by this act, be and the same 
are hereby repealed. 

Section 21. That such persons in the city of Phila¬ 
delphia as may be duly commissioned, under the con¬ 
stitution and laws of this commonwealth, as aldermen 
or justices of the peace in and for the said city of Phila¬ 
delphia, shall, during the term of their respective offi¬ 
ces, be members of a board to be called the board of 
aldermen, which is hereby created for the purposes and 
invested with all the powers conferred upon the said 
board by this act. 

Section 22. That the members of the said board 
shall meet in the chamber of the common council, in 
the city of Philadelphia, or at some other convenient 
place, on the first Monday in June, in each and every 
year, at ten o’clock in the forenoon, and shall organize 
the said board by the election of one of the members 
thereof as president, and the election of a clerk, and 
one assistant clerk and two messengers ; and the per¬ 
sons so elected shall be the president, clerks and mes¬ 
sengers of the said board until the next annual meet¬ 
ing, and until their successors shall be duly elected: 
Provided , That either or all of them may be removed 
at the pleasure of the board, and others elected in 
their stead by a vote of the majority of all the mem¬ 
bers thereof. 

Section 23. That the said board, as soon as organ¬ 
ized, shall proceed to appointor elect three reputable 
citizens in every election division of the said city, to 
be division canvassers of the election division in which 
they may reside, who shall perform the duties required 
of them by this act; and in the election of said can¬ 
vassers the members of said board shall each vote for 
two persons, and the three persons having the highest 
votes shall be elected; but no person shall be quali¬ 
fied to act as canvasser who holds any public office, or 
any clerkship in any public office, and who has not 
been a qualified elector of this commonwealth and a 
householder and qualified elector of the division for 
which he may be appointed for at least two years im¬ 
mediately preceding his appointment; and the board 
of aldermen shall fix the places, within the several 


Repeal. 


Board of aider- 
men created for 
Philadelphia. 


Meeting and or¬ 
ganization of 
board. 


Appointment of 
division can¬ 
vassers. 


Qualifications 
of canvassers. 


68 


REGISTIlY LAWS. 


[Chap. III. 


Places of meet¬ 
ing of canvas¬ 
sers, &c. 


Board of alder- 
men to appoint 
officers to con¬ 
duct elections. 


Of whom said 
officers to con¬ 
sist, and how 
selected. 


Judges of court 
of common 
pleas author¬ 
ized to revise 
appointments. 


election divisions, where the said division canvassers 
shall meet, at the time hereinafter mentioned, for the 
performance of their duties under this act, and also 
the time and places at which the assessors of the sev¬ 
eral wards shall meet in their respective wards for the 
purpose of making extra assessments as hereinafter 
provided, which shall be between the first and twen¬ 
tieth days of September. 

Section 24. That the said board of aldermen, on or 
before the third Monday in September in each and 
every year, shall appoint, in every election district in 
the said city, proper officers to conduct the elections 
under the constitution and laws of this commonwealth, 
and under the laws of the United States, to be held 
in the said city during the ensuing year; the said elec¬ 
tion officers shall consist of one judge and two inspec¬ 
tors, and two return inspectors for every election dis¬ 
trict, and each inspector and return inspector shall 
appoint one clerk; and the judge, and one inspector 
and one return inspector shall, in all cases, be selected 
from the political party which polled the majority of 
legal votes in the election division for which they may 
be appointed at the next preceding general election, 
and one inspector and one return inspector shall, in 
all cases, be selected from the political party which 
polled the next highest number of votes in the said 
division at the said election ; but no person shall be 
qualified to act as an election officer who shall not have 
been a citizen of this commonwealth for at least two 
years, and a qualified voter in the division for which 
he may be appointed for at least one year. 

Section 25. That the judges of the court of common 
pleas for the county of Philadelphia shall have power 
to revise all appointments of election canvassers and 
election officers made by the board of aldermen for 
any election division, on petition of five reputable 
householders, being qualified electors of the said divi¬ 
sion, setting forth the grounds on which such revision 
may be asked; and if the said judges shall be satisfied 
that the true intent and meaning of this act has been 
disregarded by the said board of aldermen in any of 
the said appointments, or that any person of disrepu¬ 
table character or want of proper education or capa¬ 
city for the proper performance of the duties of the 
office has been appointed a division canvasser or elec¬ 
tion officer, it shall be the duty of the said judges, sit¬ 
ting in a court of revision, to revoke every such ap¬ 
pointment, and fill the vacancy thereby occasioned by 
the appointment of some other person, duly qualified 


REGISTRY LAWS. 


Chap. III.] 


69 


under the provisions and according to the true intent 
and meaning of this act; and if from any cause what- t 0 fill vacancies 
ever, any person appointed a division canvasser or 
election officer shall fail to attend at the lime and place 
appointed for the performance of his duty, or shall fail 
to perform his duty under this act, the judges of the 
said court, or a majority of them, shall in like manner 
till the vacancy. 

Section 2G. That if any person duly appointed a Neglect of can- 
division canvasser or election officer under the provi- vassers or eiee- 
sions of this act shall neglect or refuse to serve as serve^eiative 
such, unless prevented by the act of God, every such to. 
person shall pay a fine of ninety-nine dollars, to be 
recovered as debts of like amount? are now recoverable, 
in an action of debt to be brought in the name of the 
commonwealth, to the use of the guardians of the poor 
of the city of Philadelphia : Provided however , That no 
person appointed to act as division convasser shall be 
required to act as an election officer in the same year, 
without his consent. 

Section 27. That it shall be the duty of the asses- Assessors to 
sors of the several wards in the city of Philadelphia, make out list s 
before the first day of June in each and every year, ?orefi^Tof be " 
to make out a separate alphabetical list for every elec- June, 
tion division within their respective wards of the quali¬ 
fied electors residing therein, and to classify them un¬ 
der the following heads, to wit: 

First —Private householders. Under this head the TT 
assessors shall make out an alphabetical list of the ow casfia et ' 
names, occupation and residence of all private house¬ 
holders residing in each division who are qualified 
electors* designating the residence by the number of 
the house and the name of the street on which it may 
be located, and assess upon every such person a county 
tax of fifty cents. 

Second —Private residents. Under this head the as¬ 
sessors shall make out an alphabetical list of the 
names, occupations and residence of all qualified elec¬ 
tors in each division residing actually at the time with 
private housekeepers, designating the house by the 
number and street as aforesaid, and assess upon every 
such person a county tax of fifty cents. 

Third —Hotels, taverns and restaurants. Under this 
head the assessors shall make out an alphabetical list 
of the names of all qualified electors residing in each 
division keeping hotels, taverns* sailors’ boarding 
houses or restaurants in said division, designating 
every such hotel, boarding house, tavern or restau¬ 
rant by the number of the house and the name of the 


TO 


REGISTRY LAWS. 


[Chap. III. 


Assessors’ divi¬ 
sion tran¬ 
scripts, when to 
be made out, 
&c. * 


To be verified 
by affidavit. 


Copies, with 
certain notices 
annexed there¬ 
to, to be posted 
in different 
places. 


Meeting of as¬ 
sessors for mak¬ 
ing extra as¬ 
sessments. 


Names to be en¬ 
tered in book, 
on personal ap¬ 
plication, &c. 


street in which it may be located, and assess upon 
every such person a county tax of fifty cents; and in 
making out the aforesaid lists the assessors shall not 
place thereon the name of any person boarding at any 
hotel, tavern, sailors’ boarding house or restaurant, or 
the name of any person who is not a qualified elector, 
having a fixed residence in the division. On the com¬ 
pletion of the said division lists, in the manner afore¬ 
said, the said assessors shall make out and deliver to the 
city commissioners, on or before the thirtieth day of 
June in every year, two transcripts thereof, and to the 
receiver of taxes of the said city one transcript there¬ 
of, in suitable books, to be furnished by the said com¬ 
missioners, which shall be called ‘‘Assessors’ division 
transcriptsand every transcript shall be verified by 
an affidavit, to be made and subscribed by the asses¬ 
sors, that the names contained therein are the names 
of qualified electors residing in the division, and that 
every person whose name is contained therein is a 
qualified elector, having a fixed residence in the divi¬ 
sion, to the best of their knowledge, information and 
belief; and the city commissioners shall cause a printed 
copy of the said transcript for each division, with the 
affidavit of the assessors, to be posted in at least ten 
different places within the said division, on or before 
the twentieth day of August in every year, with a no¬ 
tice annexed thereto, that the, assessors of the w T ard 
will meet at the time and jfface, within the ward, fixed 
by the board of aldermen, (designating such time and 
place,) for the purpose of making extra assessments; 
and also that the division canvassers will meet on the 
tenth day before the next general election, at the place, 
within the division, fixed by the board of aldermen, 
(designating the place and hour of meeting,) for the 
purpose of revising and correcting the assessors’ divi¬ 
sion transcripts and completing the registry of voters 
in the said division. 

Section 28 . That the assessors of the several wards 
in the said city shall meet at the time and places within 
their respective wards fixed by the board of aldermen 
as aforesaid, for the purpose of making extra assess¬ 
ments, and shall remain in session from ten o’clock A. 
M. until seven o’clock P. M. of each day, for five con¬ 
secutive secular days, for the said purpose; and no 
extra assessments shall be made in the said city after 
the twentieth day of September in any year; and on 
the personal application of any citizen of this com¬ 
monwealth, claiming to be assessed as a resident of 
the ward, and on due proof of citizenship and resi- 


REGISTRY LAWS. 


71 


Chap. HI.] 

dence, in the manner prescribed by this act, the asses¬ 
sors of the ward shall enter the full original and sur¬ 
name of the claimant in an extra assessment book for 
the division of the ward in which the claimant actu¬ 
ally resides; and the names of all such persons shall 
be alphabetically arranged in said books, and the oc¬ 
cupation and residence of every such person, and the 
name of the country in which.he was born, shall be 
written therein, opposite the name of every such per¬ 
son ; and in addition to any other proofs that may be 
required under this act, every person who claims to 
be assessed in the said election division shall make 
and subscribe an affidavit before the said assessors, 
setting forth: First. His name, the place and country 
of his birth, his occupation and place of residence. 
Second. That he is a citizen of Pennsylvania, and will 
have resided in this state on the day of the next gen¬ 
eral election the full period required by the constitu¬ 
tion to entitle him to the rights of an elector, and that 
he will then be at least twenty-one years of age. 
Third. That he is a resident of the election division 
in which he claims to be assessed, and has no other 
place of residence; and the said affidavit shall be in 
the form following, to wit: 

City of Philadelphia, ss : 

In the election division of the ward. 

Be it remembered, that on the day of , 

in the year , personally came before the asses¬ 
sors of the said ward, , who being 

duly sworn, (or affirmed,) doth depose and say, as fol¬ 
lows, to wit: 

My name is ; I was born at 

, in the year ; my occupation is 

, and I reside at number , street. 
I am a citizen of Pennsylvania, and have been resid¬ 
ing in this state ever since the day of , 

in the year * . I am now claiming to be as¬ 
sessed in the election division of the 

ward of the city of Philadelphia, in which I now re¬ 
side. I have no other place of residence, and I did 
not remove to the said election division for the pur¬ 
pose of voting therein, but for the purpose of making 
it my place of residence, in pursuance of my lawful 
calling. 

and subscribed to, this day of , 

A. D. , before us, > Assessors of 

) the ward, 


Claimant to 
make affidavit. 


What to set 
forth. 


Form of affida¬ 
vit. 


72 


REGISTRY LAWS. 


Assessors to fill 
blanks and sign 
jurat. 


Proof required 
of aliens. 


To register 
names on list, 
assess tax and 
give certificate, 
if satisfied with 
proof. 


Form of certifi¬ 
cate. 


Copies of extra 
assessments to 
be delivered to 
commissioners 
and receiver of 
taxes. 


On presentation 
of certificate, 
receiver to re¬ 
tain same, re¬ 
ceive tax and 
give receipt. 


[Ohap. III. 

One of the said assessors shall write the name of 
the claimant in the jiroper places in the affidavit, and 
fill the other blanks left therein with the proper names, 
dates, words and figures, before the claimant swears 
to or subscribes the same, and they shall sign their 
names to the jurat; and if the claimant be an alien 
by birth, he shall make such proof, in all cases, as is 
required by this act, that he has been naturalized con¬ 
formably to the laws of the United States; and if 
either of the assessors shall so require, the claimant 
shall also prove his residence, by two qualified elec¬ 
tors, as hereinafter provided ; and upon the said affi¬ 
davits and proofs being made to the satisfaction of the 
assessors, they shall register the name of the claimant 
on the assessors’ list as aforesaid, and forthwith levy 
and assess upon every such person a county tax of fifty 
cents, and give a certificate of such assessment to the 
person assessed, which shall be on the same paper with 
the aforesaid affidavit, and in the following form, to 
wit: 

City of Philadelphia, ss : 

This is to certify that (insert name and occupation,) 
a native of (insert state or county of nativity,) and a 
citizen of Pennsylvania, was duly assessed, upon his 
personal application, by the undersigned, assessors of 
the ward of the said city, as a resident 

of the division of the said ward, on the 

day of , Anno Domini , and that 

there is due and payable by him to the receiver of 
taxes a personal tax ot fifty cents for county purposes, 
for the said year. 

) Assessors of 
S the ward. 

Section 29. That when the extra assessments shall 
have been completed as aforesaid, the said assessors 
shall proceed forthwith to make out three copies thereof 
for each division of their respective wards, two of 
which they shall deliver to the city commissioners, and 
the other to the receiver of taxes of the said city ; and 
on presentation of the said affidavit and certificate of 
assessment in form aforesaid, by the person named 
therein, or by his attorney-in-fact, at the office of the 
receiver of taxes, in the said city, it shall be the duty 
of the said receiver to retain and file the said affidavit 
and certificate, receive the tax so assessed, and give 
to the said person a receipt for the same, in the fol¬ 
lowing form, to wit: 


Chap. III.] REGISTRY LAWS. 73 

Office of the Receiveei of Taxes of Phila¬ 
delphia. 

This is to certify that (insert name and occupation) Form of receipt 
on this day of , Anno Domini , 

has filed his affidavit and certificate of assessment in 
this office, and has paid to me the sum of fifty cents, 
being* the amount of county.tax for the year , 

assessed upon him by the assessors of the ward, 
as a resident of the division thereof. 

Receiver of Taxes. 

And the receiver of taxes shall safely keep all the Receiver to 
said affidavits and certificates of assessment so pre- ^ t a {? da “ 

sented at his office, and produce them, or any of them, cates, <3 &c! 
whenever required by any court or grand jury of the 
city of Philadelphia; and he shall safely keep all the 
division transcripts and extra assessment books deliv¬ 
ered to him by the assessors under this act; and the 
said affidavits and certificates, transcripts and books, 
shall be records of his office. 

Section 30. That upon the written order or requi- Commissioner* 
sition of the canvassers of the respective election divi- g° r de ^ ve ^ tran “ 
sions, the city commissioners shall deliver to them, or order of canvas- 
to the person whom they may authorize to receive the sers. 
same, (not more than three days before the time ap¬ 
pointed for their meeting under this act,) the proper 
v assessors’ transcripts and extra assessment books of 
their respective divisions, in sealed envelopes, and the 
seals thereof shall not be broken until the meeting of 
the said canvassers; and the said orders or requisi¬ 
tions shall be filed by the city commissioners as their 
vouchers for the delivery of the said transcripts and 
extra assessment books to the x>erson thereby author¬ 
ized to receive them; and if the person who receives penalty for ne- 
the said transcripts and extra assessment books of any gleet to produce 
division shall neglect or refuse to produce and deliver ^eetin^o/can- 
the same at the meeting of the canvassers of such divi- vassers. 
sion to the said canvassers, at the time appointed for 
their said meeting, every such person, guilty of such 
neglect or refusal, shall be deemed guilty of a high 
misdemeanor, and on conviction thereof in the court 
of quarter sessions, held in the said city, he shall be 
sentenced to pay a fine of not less than one thousand 
dollars, and to imprisonment in the county jail for a 
term not less than one year. 

Section 31. That the said division canvassers shall where and 
meet in their respective election divisions in the said ^rs^meet 
city, at the place fixed by the board of aldermen, on 



74 


REGISTRY LAWS. 


[Chap. III. 


Authorized to 
administer 
oaths, issue 
subpoenas, &c. 


To enter names 
on canvassers’ 
list, upon due 


the tenth day before the general election in every year, 
and shall remain in session from ten o’clock A. M. 
until seven o’clock P. M.; they shall have power, while 
in session, to administer oaths and affirmations; to is¬ 
sue subpoenas to any person within their respective 
divisions, requiring the attendance of such persons be¬ 
fore them as witnesses; to examine any person, under 
oath, respecting his own or the qualification of any 
other person as an elector in said division, and to direct 
the arrest of any person for disorderly conduct before 
them at their place of meeting; and on the personal 
application of any citizen claiming a right to vote in 
the division at the next general election, and on due 
proof that such claim is well founded, to be taken as 
vote. ° ng tto hereinafter provided, the said division canvassers shall 
register the full original and surname of every such 
person, on a new list, to be called the “ canvassers’ 
list,” classifying and designating all such persons in 
same manner as the assessors are required to do by 
the twenty-eighth section of this act, unless the name 
of such person is found on the assessors’ division tran¬ 
script, or the extra assessment book of the said divi¬ 
sion. 

Section 32. Every person who shall claim a right 
to vote in the said election division at the next gen¬ 
eral election, whose name does not appear on the as¬ 
sessors’division sessors’ division transcript, shall produce a receipt for 
transcript. the p a y men t 0 f a st^te or county tax within two years 
of the day appointed for the said election, assessed 
agreeably to the constitution, and give satisfactory 
evidence, either on bis own oath or affirmation, or the 
oath or affirmation of a qualified elector, that he has 
paid such a tax to the proper person authorized by law 
to receive the same; and if either of the said canvas¬ 
sers shall require it, he shall also prove his residence 
in the manner hereinafter provided; and upon such 
proofs being made to the satisfaction of the said divi¬ 
sion canvassers, but not otherwise, they shall register 
the name of the claimant on the canvassers’ list. 

Proof required Section 33. Every person who shall claim a right 
of persons to vote in the said election division at the next general 

tovSte'onaee e ^ ec ^ 011 ? on a £ e ? depose on oath or affirmation 
g ‘ that he does not intend to remove from the said divi¬ 
sion before the said election ; that if then living he 
will have resided in the state at least one year next 
before the said election, and that he will then be at 
least twenty-one, and not over twenty-two years of 
age, to the best of his knowledge, information and be¬ 
lief; and if either of the said canvassers shall require 


Proof required 
of claimants 
whose names 
are not on as- 


REGISTRY LA.WS. 


Chap. III.] 


I o 


it, lie shall also prove his residence in the manner 
hereinafter provided; and upon such proofs being 
made to the satisfaction of the said division canvas¬ 
sers, but not otherwise, they shall register the name 
of the said claimant on the canvassers 7 list, and write 
opposite his name on the said list the word “age.” 

Section 34. Every person who shall be required by 
either of the said division canvassers, or either of the dence,Relative 
assessors of any ward, to prove his residence in the to. 
said division, shall, in addition to his own oath or 
affirmation, prove, by the affidavit of two qualified 
electors of the division, whose names are contained on 
the assessors’ division transcript, under the head of 
private householder, that such person is personally 
known to them ; that he is a Iona fide resident of the 
division, and they verily believe that he will be a 
qualified voter, entitled to vote in the said division at 
the next general election. 

Section 35. Every person of foreign birth claiming p roo f required 
a right to be assessed, or to have his name registered of persons of 
on the canvassers’ list, shall, in addition to the proof foreign birth - 
of residence, prove that he has been naturalized, con¬ 
formably to the laws of the United States, and, as evi¬ 
dence thereof, he shall produce a certificate of natu¬ 
ralization, under the seal of the court in which said 
naturalization took place, duly attested by the signa¬ 
ture of the prothonotary or clerk of the said court, in 
his own proper hand-writing; and shall prove, by the 
oath of a qualified elector of the division, that he is 
the person named in the said certificate, and the per¬ 
son to whom it was issued; and shall further answer, 
upon oath, to the satisfaction of the assessors or can¬ 
vassers, before whom the said certificate may be pro¬ 
duced, when and where he was born, and w r hen and 
where he obtained the said certificate, and from whom ; 
and the said certificate shall not be evidence that the 
person presenting it is a naturalized citizen, unless his 
answers be consistent with the facts certified, and the 
proof of his identity be satisfactory to the canvassers, 
and upon such proof being made to the satisfaction of 
the canvassers, but not otherwise, they shall register 
the name of the claimant on the canvassers’ list, and 
shall stamp on the said certificate of naturalization 
the word “ registered,” with the number and division 
of the ward and the date of the registry. 

Section 30. That the said division canvassers, at 
their said session, or at any adjourned session, to be 
held on the eighth day before the general election, 
shall carefully examine the assessors’ division tran- 


7 6 


REGISTRY LAWS. 


[Ohap. III. 

Canvassers to scripts, and if, upon due inquiry and investigation, 
strike from as- they shall find the name or names of any person or 
transcript V1S1 ° n persons thereon not entitled to vote in their division 
names of per- at the next election, they shall strike the name of every 
fi°^ R * not e f ti_ such person therefrom, by drawing a line in red ink 
through the same; but the name of no person shall 
be stricken from any transcript in his absence, except 
upon the testimony of at least two reputable citizens, 
qualified electors of the division, Avliose names appear 
on the said transcript, under the head of 4 ‘private 
householders,” to be given under oath or affirmation, 
that such person is not a resident of the division or is 
otherwise disqualified by law from voting at the said 
To revise extra election; and the said canvassers shall *also examine 
assessment and revise the extra assessment books of their respec- 
books. tive c iivi s i onS} and shall strike therefrom the names of 

all persons who are not residing in the division on the 
tenth day before the election ; and the said canvassers 
on eanvasw shall add to the extra assessment books of their re- 
list. spective divisions, m alphabetical order, the names on 

the said canvassers’ lists, designating each person by 
his occupation and place of residence and nativity as 
aforesaid ; and the names remaining on the said re- 
tute rlTis^of v * sed division transcripts and on the said extra assess- 
voters. glS 13 ° ment division books, as corrected by the division can¬ 
vassers as aforesaid, for the respective divisions, shall 
constitute the registry of citizens qualified to vote in 
the said divisions respectively at the next general 
election : Provided , That if any person so registered 
shall cease to be a resident of the division before the 
election, he shall not be entitled to vote therein; and- 
one re ister to one sa ^ registers of every election division 

b^de^ivered to° shall be returned to the city commissioners by the said 
commissioners, division canvassers, to be by them printed and posted 
t^n officers leC ^ n a ^ l east ten conspicuous places in the division, at 
least five days before the election, and the other reg¬ 
ister shall be enveloped and sealed by the division 
canvassers, and by them delivered to the election offi¬ 
cers of their division, on the morning of the election 
before the opening of the polls ; and whenever a presi- 
Dutiesof can- dential election is to be held, the division canvassers 
vassers when shall meet in their respective election divisions ten 
be da y s before such election, and perform the same duties 
held. which they are required by this act to perform 

before every general election, and make out, in the 
manner aforesaid, a complete register of the citizens 
of their respective divisions who will be qualified to 
vote at such presidential election, and deliver a copy 
thereof to the city commissioners, for publication as 


REGISTRY LAWS. 


77 


Chap. III.] 

aforesaid, before the said election, and one copy thereof 
to the election officers of their respective division as 
aforesaid, on the day of the said election before the 
opening of the polls." 

Section 37. That the said register shall be the only Register to be 
evidence that the persons whose names are found evidence of resi- 
thereon have resided for ten days immediately pre- dence * 
ceding the said election in the said division, and no 
voter whose name is so registered shall be challenged 
at the polls on any question of residence ; but it shall 
be the duty of the election officers to require every what election 
person whose name appears on the extra assessment officers are to 
book of the division, except such as are entitled to sonswlo^ 81 " 
vote on age, to produce his receipt for taxes, as evi- names are on 
dence of the payment thereof, and prove his identity, 
if required by either inspector; and the vote of no men 
such person shall be received by the election officers 
until such receipt is produced, showing that the person 
offering to vote has paid a state or county tax within 
two years next before the said election, which had 
been assessed upon him personally at least ten days 
before the said election ; and it shall also be the duty 
of the election officers to require every person of for- Persons of he 
eign birth who offers to vote at any election to produce fore?gn°birtii. 
a certificate of naturalization, issued by a court of this 
state or a cdurt of the United States, under the seal of 
the court, or a certified copy of the record of his natu¬ 
ralization if naturalized in any other state; and the 
vote of no such person shall be received by the election 
officers, who shall refuse or fail to produce such cer¬ 
tificate or certified copy of the record as aforesaid: 

Provided , That no naturalized citizen who shall have p r0 vi SO . 
resided in the election division for ten years or more 
immediately preceding such application to vote shall be 
required to produce such certificate, but the registry 
of his name as aforesaid shall be prima facie evidence 
of his right to vote; and it shall be the duty of the 
election officers to stamp upon every tax receipt and 
every naturalization certificate produced as aforesaid, 
upon which a vote shall be received, the word “voted,” 
together with the number and division of the ward 
and the date of the election, which stamp shall be evi¬ 
dence of the fact that such receipt or naturalization 
certificate was voted upon in the said ward and di¬ 
vision at the said election. Penaitvfor 

Section 38. That if any person, upon any false fraudulent at- 
representation, or by the production of any forged, tempt to have 
false or spurious naturalization certificate, or upon any £ ss a e c s e s _ on 
such certificate not duly issued according to the act ment lists, &c. 


78 


REGISTRY LAWS. 


[Cliap. III. 


Canvassers and 
election officers 
to be sworn. 


Judge or in¬ 
spectors may 
administer 
oaths. 


Inspector to 
keep register of 
voters. 


Tickets. 


Receiving of 
votes, &c. 


of Congress, shall cause his name to be placed, or shall 
attempt to have his name placed, upon any extra as¬ 
sessment list for election purposes, or upon any list 
of qualified electors authorized or required to be made 
by any law of this commonwealth, or shall vote or 
attempt to vote at any general or presidential elec¬ 
tion, every such person, on conviction thereof, shall 
be adjudged guilty of a high misdemeanor, and sh.dl 
be sentenced to imprisonment in the jail of the proper 
county for a term of not less than twelve months; and 
every person who shall aid or abet any other person 
in any such false representation or attempt shall, on 
conviction thereof, be adjudged guilty of a high mis¬ 
demeanor, and suffer the like penalty. 

Section 39. That the division canvassers and elec¬ 
tion officers appointed under this act, before entering 
upon their respective duties, shall severally make and 
subscribe an affidavit before an alderman of the city 
of Philadelphia, or some other officer duly authorized 
to administer oaths or affirmations in the said city, 
that they will perform their duties with fidelity, and 
will, to the best of their ability, maintain and protect 
the rights of all qualified electors within their respec¬ 
tive election divisions, and will expose all attempts 
and combinations that may come to their notice to 
procure the fraudulent registering of persons who are 
not qualified electors within their respective divisions, 
or to procure fraudulent votes to be polled at the suc¬ 
ceeding election; and the judge or either of the in¬ 
spectors of any election shall have power to adminis¬ 
ter oaths and affirmations to persons offering to vote 
at any election conducted by them, and to examine 
such persons under oath touching their right to vote 
at such election ; and in all cases the judge of every 
election division shall appoint one of the inspectors 
to keep the register of voters during the election, and 
the other to receive the votes; and whenever a vote 
is received, the inspector keeping the register shall 
call the name of the voter aloud, and shall mark the 
letter “V” opposite said name on the register. 

Section 40. That at all general elections the names 
of all candidates to be voted for in the city of Phila¬ 
delphia shall be written or printed on one ticket or 
slip of paper, and the number of the ward and elec¬ 
tion division in which the ticket is to be voted shall 
be printed or written on the outside fold thereof. The 
vote of electors registered as aforesaid shall be received 
by the election officers, and the list of voters shall be 
kept by the clerks, and the votes counted as now re- 


Chap. III.] 


REGISTRY LAWS. 


79 


quired by law; and the return judges of the said wards Meeting of re¬ 
shall me£t at the State House in the said city, or at turn judges, 
such other place as may be designated by the board 
of aldermen, on the second day after the general or 
any other election, and shall then perform the duties 
now required by existing laws to be performed by the 
return judges, in accordance with the said laws. 

Section 41. That it shall be the duty of the council Duty of council, 
of the city of Philadelphia to fix the amount of county 
tax to be assessed personally and annually on the 
qualified electors of the said city, at a rate sufficient 
to provide for the payment of all election expenses in 
the said city, and no part of said tax assessed and col¬ 
lected shall be applied to any other purpose; and the 
said councils shall appropriate, annually, a sufficient 
sum for the said purposes; and the city commissioners commissioners 
shall furnish all the books, blanks, stamps, stationery to furnish 
and materials necessary for the purposes of this act, books ’ &c - 
which shall be paid for out of the appropriations to be 
made as aforesaid. 

Section 42. That the city commissioners shall fur- commissioners 
nish to the board of aldermen, at their first meeting, to furnish lists 
three hundred printed lists of the aldermen of the sev- ° f c al t d 0 e ^ p e r ^’ 0f 
eral wards of the said city then in office, and the sta- a idermen° arc 1 
tionery and blank books that may be needed by the 
clerks of the board in the performance of their duties. 

All votes taken upon any question shall be t^ken viva 

voce , and the yeas and nays shall not be called or taken 

in the said board upon any resolution or question, nor 

shall the business of the board be retarded by dilatory 

motions, but the duties thereof shall be performed 

without unnecessary delay. The members, clerks and compensation. 

messengers of the board shall be entitled to receive 

three dollars for each day’s attendance at the meetings 

of the board; and the several division canvassers shall 

be entitled to receive three dollars a day while engaged 

in the performance of their duties under this act. 

Section 43. That all laws relating to the assess- Repeal, 
ment and collection of personal taxes and elections in 
the city of Philadelphia, inconsistent with the provi¬ 
sions of this act, are hereby repealed. 

Approved— April 17, 1869. 

A further supplement to the act delating to elections in this common¬ 
wealth. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the Commonwealth of Pennsylvania 
in General Assembly met , and it is hereby enacted by the 
authority of the same , That the duties required to be 


80 


REGISTRY LAWS. 


[Chap. III. 

Division can- performed by the assessors of the several wards in the 
vassers to per- c jty 0 f Philadelphia, by the act to which this is a sup- 
qiiired of 1 asses" piement, shall hereafter be performed by the proper 
sors by former division canvassers, or a majority of them, in and for 
act * the several election divisions of the said city; and 

List of electors, the list of qualified electors required by the twenty- 
by whom and ’ seventh section of the said act to be made by the as- 
made. tobe sessors of the several wards* of the said city, shall 
hereafter be made, in each election division, by the 
canvassers of such division, between the last Monday 
in August and the first Monday in September, of each 
List, how pre- aa d every year ; and the said list shall be so prepared 
pared. as to present the names of the qualified electors con¬ 

secutively, ’with the streets and numbers of the houses 
in which they reside; and on the completion of the 
On completion division lists as aforesaid, the canvassers of the s,ev- 
scriptethereof era l divisions shall forthwith make out, and deliver 
to be delivered the transcripts thereof to the city commissioners and 
loners C &c miS " rece i ver °f taxes, in the manner required by the said 
6.ioners, c. sec ti on 0 f the sa iq act ; and the said transcripts shall 
Copies of tran- be called and named division transcripts, and copies 
notS thereto thereof, with the notices prescribed by the said sec- 
when to be ’ tion of the said act, shall be printed and posted by 
printed, &c. the commissioners, as thereby required, within ten 
days after the first Monday in September. 

Canvassers to Section 2. That all certificates and affidavits re¬ 
make certm- quired to be made by the assessors of the several 
quired of asses- wards in the city of Philadelphia, under the provisions 
sors by former of the said act to which this is a supplement, shall 
act ‘ be made by the proper division canvassers, or a ma- 

Words “divi- jority of them ; and the words, “ division canvassers’ 7 
sers” Ca ubstitu be substituted for the word “assessor,” wherever 

ted S for U ‘ ‘ asses" the latter occurs in any part of the said act, which 
sor.” applies only to the city of Philadelphia, 

when etitions Section 3. That all petitions to the judges of the 
for revision of court of common pleas of the county of Philadelphia, 
appointments presented under the twenty fifth section of the said 
to couA Sented ac *5 f° r the revision of appointments of division can¬ 
vassers or election officers made by the board of al¬ 
dermen, shall be presented at least ten days before 
the time fixed for the performance of the duties of 
such appointees under the said act; and no action 
shall he taken by the court, on any such petitions, un¬ 
petitions unless less the same be verified by the affidavit of one or 
same be vended more of the petitioners, before the filing of the same, 
by affidavit, _c. or w itli 0U t proof that the person or persons objected 
to by the said petition had been served with a copy 
thereof, at least forty-eight hours before the hearing 
of the same; no person shall be disqualified from 


REGISTRY LAWS. 


81 


Cliap. III.] 


serving as an election officer or canvasser by reason 
of his employment in any subordinate position in any 
public office. 

Section 4. That the assessors of the city of Phila¬ 
delphia shall not assess any poll or personal tax for 
election purposes, but all such tax shall be assessed, 
in the several election divisions in the said city, by the 
canvassers of said divisions, and shall be paid to the 
receiver of taxes of the said city, or to his agents 
specially appointed by him to receive the same: 
Provided , That owners of real estate or personal pro¬ 
perty, who shall have paid a state or county tax upon 
the same within two years of any election, which shall 
have been assessed at least ten days before such elec¬ 
tion, shall not be required to pay any additional tax 
to entitle them to the privilege of electors. 

Section 5. That the judges of the several election 
divisions, within each of the wards of the said city, 
shall meet at ten o’clock on the morning of the day 
after any election shall hereafter be held, at such 
]daces in their respective wards as the board of aider- 
men may designate, and make out duplicate returns 
of the election held in their respective wards; and 
they shall cause one of the said duplicates to be filed, 
before three o’clock on the afternoon of the same day, 
in the office of the protlionotary of the court of com¬ 
mon pleas of the city and county of Philadelphia, and 
they shall present the other to the return judges of 
the said city, at the time and in the form and manner 
now required by law; and it shall be the duty of the 
board of aldermen to designate the places in the sev¬ 
eral wards at which the judges of the election divi¬ 
sions thereof shall meet for the purposes aforesaid, 
and give public notice thereof. 

Section G. That if any person not a citizen of this 
commonwealth shall vote, or attempt to vote, at any 
special, general or presidential election, held in this 
commonwealth, he shall be guilty of felony, and on 
conviction, be sentenced to pay a fine not exceeding 
five hundred dollars, and undergo an imprisonment, 
by separate or solitary confinement at labor, not less 
than two nor more than five years. 

Section 7. That it any person shall, through solici¬ 
tude, invitation or device, persuade or prevail on any 
person not a citizen of this commonwealth, to vote, 
or attempt to vote, at any special, general or presi¬ 
dential election in this commonwealth, or shall, by 
any means, aid, encourage or abet any such attempt, 
the person so offending shall be guilty of felony, and 
6 


Certain persons 
not disqualified 
from serving as 
election offi¬ 
cers, &G. 

Poll tax, assess¬ 
ment of, &c. 


Proviso. 


Meeting and 
duties of return 
judges. 


Board of aider- 
men to desig¬ 
nate places of 
meeting. 


Penalty for at¬ 
tempting to 
vote by persons 
not citizens. 


Penalty for per¬ 
suading persons 
not citizens to 
vote. 


82 


REGISTRY LAWS. 


Places of elec¬ 
tion officers not 
present within 
certain time, 
how filled. 


Penalty for as¬ 
saulting elec¬ 
tors at or near 
polls. 


Freemen with-' 
out distinction 
of color, to be 
registered and 
entitledto vote. 


^Compensation 
of assessors, 
Philadelphia 

-city. 


[Cliap. III. 

on conviction shall be sentenced to pay a fine not ex¬ 
ceeding five hundred dollars, and undergo an impri¬ 
sonment, by separate or solitary confinement at labor, 
not less than two nor more than five years. 

Section 8. That if all the election officers appointed 
for any election division in the said city shall not be 
present within thirty minutes after the time fixed for 
the opening of the poll, the places of the absentee or 
absentees shall be filled and supplied as follows, to wit: 
In case of the absence of the judge of such division, 
the majority inspector shall act as judge, and appoint 
an inspector to fill the vacancy; in case of the absence 
of the majority inspector or return inspector, the judge 
shall appoint an inspector in their place; if the minor¬ 
ity inspector be absent, the minority return inspector 
shall act as inspector, and appoint a return inspector; 
and in case of the absence of the minority return in¬ 
spector, the minority inspector shall appoint a return 
inspector; and in case any vacancy shall occur in the 
said board, not herein provided for, the qualified elec¬ 
tors of the division present at the place of election 
shall elect one or more of their number to fill such 
vacancies. 

Section 9. That any person who shall unlawfully 
strike, wound, or commit any assault and battery upon 
the person of any elector, at or near any election poll, 
during the holding of any election, shall be deemed 
guilty of a high misdemeanor, and upon conviction 
thereof he shall be fined not less than one hundred dol¬ 
lars or more than five hundred, and be imprisoned for a 
term not less than three months or more than one year. 

Section 10. That so much of every act of assembly 
as provides that only white freemen shall be entitled 
to vote or be registered as voters, or as claiming to 
vote at any general or special election of this common¬ 
wealth, be and the same is hereby repealed ; and that 
hereafter all freemen, without distinction of color, shall 
be enrolled and registered, according to the provisions 
of the first section of the act approved April seven¬ 
teenth, , one thousand eight hundred and sixty-nine, 
entitled ^ An Act further supplemental to the act rela¬ 
tive to the elections of this commonwealth,” and shall, 
when otherwise qualified under existing laws, be enti¬ 
tled to vote at all genera] and special elections in this 
commonwealth: Provided , This act shall in no way 
reduce the compensation of the assessors of Philadel¬ 
phia, which shall be one thousand dollars, as now es¬ 
tablished by law. 

App Roraiw- Aprils, 1870. 


I. GENERAL ELECTION LAWS. 


A. Election of judges and inspec¬ 

tors. 

B. Duties of county commissioners 

and assessors. 

C. Notice and other preliminaries. 

D. Mode of conducting elections. 

E. Of the qualified electors. 

F. Duties of peace officers. 

G. Counting of votes and making 

returns. 


H. Duties of return judges. 

I. Duties of prothonotary. 

K. Duties of Secretary of the Com¬ 

monwealth. 

L. Penalties for misconduct. 

M. Wagers on elections. 

N. Courts authorized to change 

election districts. 


II. PARTICULAR ELECTIONS. 


A. Presidential electors. 

B. United States Senators. 

C. Members of Congress. 

D. Judges of the courts. 

E. State Treasurer. # 

F. Auditor General and Surveyor 

General. 

G. District Attorney. 

H. County Surveyor. 


I. Prothonotaries, clerks, regis¬ 
ters and recorders. 

K. County treasurers. 

L. Justices of the peace. 

M. County commissioners and 

county auditors. 

N. Township officers. 

O. School directors and controllers 

P. Town councils. 


III. ELECTIONS TO SUPPLY VACANCIES. 

A. Members of Congress. j C. In the Legislature. 

B. In the office of Governor. 


IV. MISCELLANEOUS PROVISIONS. 


CHAPTEE IY. 


I. GENERAL ELECTION LAWS. 


A. Election of Judges and Inspectors. 

1. Be it enacted l)ij the Senate and House of Represen ta¬ 
tives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority 
of the same , That it shall be the duty of the constable 
or constables of each township, ward and district, at 









84 


DIGEST OF GENERAL 


[Chap. IV. 

inspectors’ least teu days before tlie day hereinafter appointed for 
election, notice the election of inspectors, to give public notice, by six 
° f constabYeT or more Panted or written advertisements, affixed at 
3 con c as many of the most public places therein, of the time 
and place of holding such election.—Act 2 July, 1839, 
§1, P. L. 519. 

whensupervi- 2. In case of the neglect, refusal, death or absence 
sors, or asses- f r0 m the county of the constable or constables of any 
tice. t0 glVe n °" township, ward or district, the supervisors of the town¬ 
ship or district, or the assessors of the ward, as the 
case may be, shall perform the duties hereinbefore re¬ 
quired to be done by such constable or constables, 
Proviso. under the like penalty: Provided , That the said su¬ 
pervisors or assessors shall not be required to give 
more than five days’ notice of the time and place for 
holding such election.— IMd ., § 2. 
inspectors and 3. The qualified citizens of the several wards, dis- 
judges, where tricts and townships - shall meet in every year, at the 
be held f ° r ’ t0 ^ me an d P^ ace °f holding the election for constable 
of such ward, district or township, and then and there 
elect, as hereinafter provided, two inspectors and one 
judge of elections — Ibid., § 3 

Votes, how to T Bach of such qualified citizens shall vote for one 
be given. person as judge, and also for one person as inspector 
of elections, and the person having the greatest num¬ 
ber of votes forjudge shall be publicly declared to be 
elected judge; and the two persons having the great- 
dared elected" est num ^ er of votes for inspectors shall in like manner 
be declared to be elected inspectors of elections.— 
Ibid., § 4. 

Elections, when 5. The elections, as aforesaid, shall be opened be- 
to be opened, tween the hours of Bight and ten o’clock in the fore¬ 
noon, by a public proclamation thereof made by the 
officers appointed to hold the same, and be kept open 
when closed, until seven o’clock, except in the city and county of 
Philadelphia, where it shall be kept open until eight 
o’clock, (a) in the afternoon, when the polls shall be 
closed, the number of votes be forthwith ascertained^ 

(a) Time of opening and closing polls in cities of Philadelphia and 
Lancaster, changed by act 16th March,1866, P.L. 237,j post chapter VII, § 
26. Polls close in Montgomery county at eight o’clock P. M., post chap¬ 
ter VIII, § 12, and in Bradford county at six o'clock P. M.— Ibid., § 13. 

It is sufficient ground to set aside an election, that the polls were 
closed at an earlier hour than prescribed by law—2d Par. 526. But 
it is no objection if the polls are closed at the proper hour, that a num¬ 
ber of voters were in attendance, whose votes were thereby excluded.— 
Ibid.. 525. 

Where a poll is kept open after the proper hour, and the number of 
votes polled afterwards can be clearly ascertained, if the whole of those 
votes could not change the result, the election for that cause wiU not 
be set aside ; but where the majority is small, and the result rendered 
doubtful by uncertainty as to the number of votes polled after the 
legal hour, the election must be set aside.—4 P. L. J. 341. 



ELECTION LAWS. 


85 


Chap. IV.] 

and the persons highest in vote publicly declared to 
be elected.— Ibid., § 5, P. L. 520. 

6. Where any township has been or shall be divided Elections where 

in forming an election district, the qualified citizens are 

of each part of such divided township shall severally forming^is- 
elect, in the manner and at the time and place afore- tricts. 

said, two inspectors for each of said several election dis¬ 
tricts, and shall also elect one person to serve as judge 
of the elections in each district, to perform the duties 
enjoined by the sixth section of this act.— Ibid., § 7. 

7. That from and after the passage of this act, in all Township eiec- 
t own ship elections of this commonwealth for judges of tions - 

the general and township elections, where a tie shall 
exist in the said election of judges, the inspector who 
shall have the highest number of votes in said election 
shall appoint a judge for that purpose.—Act 4 March, 

1842, § 84, P. L. 53. 

8. That as soon as the election for inspectors and Duties of in¬ 
judges of election shall be finished, the inspectors and Rectors and 
judges of such election shall make out duplicate re- ]UCges ' 
turns under their hands and seals, setting forth, in 

words at length, the number of votes given for the 
several persons voted for as insj)ectors and judges, 
and also for each township officer voted for at such 
election, one of which shall, together with the tickets, 
list of taxables, list of voters, tally papers, and the 
certificates of the oath or affirmation taken and sub¬ 
scribed by the inspectors, judges and clerks, carefully 
collect and deposit in one or more of the ballot boxes, 
which boxes, together with the remaining ones, shall 
be secured, delivered and kept as for similar boxes is 
directed in the seventy-fourth section (a) of the act to 
which this is a supplement, until the next general elec¬ 
tion to be held thereafter, and the other duplicate shall 
be delivered by the judge of such election, within five 
days thereafter, to the clerk of the court of quarter 
sessions of the proper county, to be filed in his office; 
and the said inspectors and judge shall also make out 
a certificate of election for each person chosen as an 
inspector, judge, or township officer, which certificate 
shall be delivered to the person so chosen, or left at 
his usual place of abode, by the constable of the proper 
ward, township, district or borough, within five days 
after such election.—Act 13 June, 1840, § 1, P. L. 083. 

9. The general, special, city, incorporated district what elections 
and township elections, and all elections for electors £y th™Lpec! d 
of President and Vice President of the United States, tors and judges. 


(a) Seepostf, § 50. 



86 


DIGEST OF GENERAL 


Pay of judges, 
inspectors and 
clerks. 


No pay for re¬ 
freshment. 


Duties of coun¬ 
ty commission¬ 
ers. 


Duties of asses¬ 
sors. 


[Chap. IV. 

shall be held and conducted by the inspectors and 
judges elected as aforesaid, and by clerks appointed 
as is hereinafter provided, (a )—Act 2 July, 1839, § 14, 
P. L. 522. 

10. Every judge, inspector and clerk as aforesaid, 
shall receive the sum of one dollar and fifty cents, ex¬ 
cept the city and county of Philadelphia, where they 
shall receive two dollars each, (b) for every day em¬ 
ployed in the duties required of him by law, in con¬ 
ducting the general, special or township elections, to 
be paid by the treasurer of the proper county, on or¬ 
ders to be drawn upon him by the commissioners ; 
which allowance shall be in full for his services and 
expenses other than the mileage hereinafter allowed, 
and in lieu of all kinds of refreshment which may have 
been customary to provide, and no such expense for 
refreshment shall be paid or allowed by the commis¬ 
sioners of any county.— Ibid., § 92, P. L. 640. 

B. Duties of County Commissioners and As¬ 
sessors. 

11. The commissioners of every county within this 
commonwealth shall, on or before the first day of Au¬ 
gust, in each year, cause to be delivered to the asses¬ 
sor of every ward, township, incorporated district and 
borough, within their respective counties, for which 
said assessors were respectively elected, a certified 
transcript under seal of office, of the names and sur¬ 
names of the taxable persons returned at the last 
county assessment of said wards, townships, districts 
and boroughs, and shall separately arrange the names 
of freeholders, tenants and single men in alphabetical 
order.—Act 13 June, 1840, § 3, P. L. 684. 

12. The assessors of the several wards, townships, 
incorporated districts and boroughs within this com¬ 
monwealth shall, on the receipt of the transcripts afore¬ 
said, proceed forthwith to make from said transcript 
not less than two copies of alphabetical lists, (c) and 


(a) It has been ruled by the court of common pleas of Philadelphia, 
that the offices of inspectors and judge are annual offices, and there¬ 
fore, that the election officers elected in Philadelphia, at the general 
election on the second Tuesday of October, are to hold the presidential 
election in the same year; whilst in the county, that election is to be 
held by officers chosen on the third Friday of March.—Anon. 16th Oc¬ 
tober, 1862, M. S. 

Where an act of assembly, dividing an election district, appointed 
officers for the ensuing October election ; held, that they were invested 
with all the powers of officers chosen by the people, and consequently 
were competent to conduct the presidential election in the same year. 
Penn, district election case, 1 Wh. Dig. 704, § 12. 

(5) As to Philadelphia, see post, chapter VII, § 36 and 37. 

(c) For Philadelphia, post chapter VII, § 1 to 6 inclusive. 



Chap. IV.] 


ELECTION LAWS. 


87 


as many more as the county commissioners shall di¬ 
rect, and in the form required of county commissioners, 
of the names and surnames of all the white freemen 
residing within their respective wards, townships, dis¬ 
tricts and boroughs; and said assessors shall, on or 
before the twentieth day of August, in each year, post 
up said copies at as many of the most public places 
within their respective wards, townships, districts and 
boroughs, one of which shall be at the place of hold¬ 
ing their general elections: Provided , That when the p rov iso. 
election is not held within the ward, township, borough 
or district, then all of said copies or lists, made out 
as aforesaid, shall be lixed up within the ward, town¬ 
ship, borough or district, except the one copy required 
by this section to be fixed up at the place of holding 
such election.— Ibid., <§> 4. 

Id. The assessors aforesaid shall also keep copies of Further duties 
the aforesaid lists in their office or possession, subject of assessors, 
at all reasonable times to the inspection of any white 
freeman without charge; and shall, at any such time, 
ten days before the second Tuesday of October, in 
each year, on the personal application of any person 
as aforesaid, claiming to be assessed within their pro¬ 
per ward, township, incorporated district or borough, 
or claiming a right to vote therein, as being between 
the age of twenty-one and twenty-two years, and 
having resided in the state one year, enter the name 
of such person upon the said lists in their office or i>os- 
session ; and the said assessors shall, in the form afore¬ 
said, make out duplicate copies of said lists of names 
and surnames of the white freemen and qualified 
voters residing within their respective wards, town¬ 
ships, districts and boroughs ; and at least eight days 
before the second Tuesday of October, in each year, 
certify, sign and deliver one of said duplicates to the 
commissioners of their respective counties, who shall 
file the same in their office; the other the said asses¬ 
sors shall hold and hand over, without alteration or 
addition, to one of the inspectors of the election of 
their proper election district, on or before eight of the 
clock in the morning of the second Tuesday of Octo¬ 
ber, in each year: Provided , That where any ward, 
township, incorporated district or borough has been, 10V180 ’ 
or shall be divided in forming any election district, or 
pare of an election district, said assessors shall make 
oqt, certify, sign and deliver, as is hereinbefore di¬ 
rected, for wards, townships, districts and boroughs, 
duplicate lists, as aforesaid, of the white freemen and 
qualified voters residing within each part of said di- 


88 


Assessors’ du¬ 
ties continued. 


Assessors’ com¬ 
pensation. 


Assessors to at 
tend elections. 


Their duties 
and compensa¬ 
tion. 


Notice of gen¬ 
eral election, 
liow to be given. 


DIGEST OF GENERAL [Chap. IV. 

vided ward, township, district and borough,— Ibid., 
§ 5, P. L. G85. 

14. It shall be the duty of said assessors respec¬ 
tively, on entering the names of persons claiming to 
be assessed, pursuant to the provisions in the forego¬ 
ing section, forthwith to levy and assess on such per¬ 
sons, except those between the age of twenty-one and 
twenty-two years, such an amount of county tax as by 
law is levied and assessed on taxable inhabitants of 
like standing or occupation, and give a certificate of 
such assessment to the person so assessed, and return 
his name on said list to the commissioners at least 
eight days before the election, noting opposite said 
name the words, “tax not paid;” and the collector 
shall, on presentation of such certificate, receive said 
tax, and give a receipt for the same.— Ibid., § 6. 

15. The respective assessors shall be paid for the 
various duties required by this act, and the act to 
which this is a supplement, such sum as the commis¬ 
sioners of the proper county shall believe just and 
reasonable, computing their services at the same price 
allowed by law, when engaged in making assessments; 
and the decision of a majority of such board of com¬ 
missioners, as to the amount to be paid for such ser¬ 
vice, shall be final and conclusive.— Ibid., § 12, P. L 
687. 

16. It shall be the duty of said assessors, respec¬ 
tively, to attend at the place of holding every general, 
special or township election, during the whole time 
said election is kept open, for the purpose of giving 
information to the inspectors and judge, when called 
on, in relation to the right of any person assessed by 
them to vote at such election, or such other matters 
in relation to the assessment or voters, as the said in¬ 
spectors or judge, or either of them, shall from time 
to time require; for which attendance said assessor 
shall be entitled to the sum of one dollar per day, to 
be paid as officers of election are paid by law; and 
when the township is divided for which said assessor 
is elected, he shall attend at the election district in 
which he resides and is entitled to vote, (a) Act 2 
July, 1839, § 59, P. L. 531. 

0. Notice and other Preliminaries. 

17. It shall be the duty of the sheriff of every county 
to give notice of the general elections by advertise¬ 
ments posted up in the most public places in every 

(a) Repealed as to Bradford, Wyoming,Tioga, Susquehanna, Wavne, 
Montgomery and Clinton counties, by act 9th April, 1844, P. L. 220. 



ELECTION LAWS. 


89 


Chap. IV.] 

election district, or by publication in one or more 
newspapers of the county, at least twenty days before 
the election; and in every such advertisement he 
shall— 

I. Enumerate the officers to be elected. Forms 

II. Designate the place at which the election is to 
be held. 

III. He shall give notice that every person, except¬ 
ing justices of the peace, who shall hold any office or 
appointment of profit or trust under the government 
of the United States cr of this state, or of any city or 
incorporated district, whether a commissioned officer 
or otherwise, a subordinate officer or agent, who is, or 
shall be, employed under the legislative, executive or 
judiciary department of this state, or of the United 

States, or of any city or incorporated district, and also ^cerTwho° f 
that every member of Congress and of the state legis- may not be 
lature, and of the select or common council of any i ud g es > ins P ec - 
city, or commissioners of any incorporated district, is 
by law incapable of holding or exercising, at the same 
time, the office or appointment of judge, inspector or 
clerk of any election of this commonwealth, and that 
no inspector, judge or other officer of any such elec- officers of elec¬ 
tion, shall be eligible to any office to be then voted tions, when not 
for; but nothing herein shall be so construed as to ellglble * 
prevent any militia officer or borough officer from serv¬ 
ing as judge, inspector or clerk at any general or spe¬ 
cial election ; (a) nor shall any thing herein contained 
be so construed as to prohibit a judge, inspector or 
clerk of election from being voted for to fill any town¬ 
ship office, or render either or any of them ineligible 
to hold the same, (b) 

IV. Insert the first section of the act of thirtieth 
March, one thousand eight hundred and sixty-six, (c) 
also the preamble and first four sections of the act of 
fourth June, one thousand eight hundred and sixty- 
six, entitled “A further supplement to the election 
laws of this commonwealth.” (cl) Act 2 July, 1839, § 

13, P. L. 521. 

18. In all cases where a sheriff is directed to per- when sheriff 'a 
form any duty by the provisions of this act, and said duty to be per- 
sheriff is absent from the district, or there is any formed by coro- 
vacancy in said office, the duty directed to be per¬ 
formed by the sheriff shall be done and performed by 


(а) This last paragraph is the 4th section of the act 16th April, 1840, 
P. L. 411. 

(б) This is from the 2d section act 13th June, 1840. P. L. 684. 

(c) Seepos£, § 35. 

( d ) Post , chapter YI. B. Disfranchisement of Deserters, § 8. 



1)0 


DIGEST OP GENERAL 


Time of meet¬ 
ing of officers 
on tlie day of 
the general 
election. 

Clerks, how ap¬ 
pointed ; to be 
qualified voters. 

How vacancies 
of inspectors to 
be supplied. 


How vacancies 
of judges to be 
supplied. 


When electors 
present may fill 
vacancies. 


Clerks, how va¬ 
cancies to be 
supplied. 


[Chap. IV. 

the coroner ot the proper county, who shall be entitled 
to the same fees and subject to like penalties.— Ibid., 
§ 90, P. L. 541. 

19. The inspectors and judges, chosen as aforesaid, 
shall meet at the respective places appointed for hold¬ 
ing the election in the district to which they respec¬ 
tively belong, before nine o’clock in the morning of 
the second Tuesday of October, in each and every 
year, and each of said inspectors shall appoint one 
clerk, (a) who shall be a qualified voter of such district. 
(See ante , §§ 5 and 6.)— Ibid., § 15, P. L. 522. 

20. In case the person who shall have received the 
second highest number of votes for inspector, shall 
not attend on the day of any election, then the person 
who shall have received the second highest number of 
votes for judge at the next preceding election, shall 
act as an inspector in his place. And in case the x>er- 
son who shall have received the highest number of 
votes for inspector shall not attend, the person elected 
judge shall appoint an inspector in his place (b ); and 
in case the person elected a judge shall not attend, 
then the inspector who received the highest number 
of votes shall appoint a judge in his place (c); and if 
any vacancy shall continue in the board for the space 
of one hour after the time fixed by law for the open¬ 
ing of the election, the qualified voters of the town¬ 
ship, ward or district, for which such officer shall have 
been elected, present at the place of election, shall 
elect one of their number to fill such vacancy.— Ibid., 
§ 10 . 

21. In case any clerk, appointed under the provi¬ 
sions of this act, shall neglect to attend at any elec¬ 
tion during said year, it shall be the duty of the in¬ 
spector who appointed said clerk, (or of the person 
filling the place of such inspector,) to forthwith ap- 


(а) The clerk, when appointed, is an annual officer, and the inspec¬ 
tor can not remove him, except for some disqualifj ing cause.— Anon. 
common pleas, Philadelphia, March, 1852, M. S. 

(б) A person appointed to fill a vacancy in the office of inspector, in 
place of the one elected by the people, and who failed to appear and 
act at a general election, holds the office only pro hac vice, and is not 
entitled to act at a succeeding election at which the regularly elected 
inspector appears and claims his seat. Case of Penn, district election, 
common pleas, Philadelphia, 11th May, 1850, M. S. And see 4 Seld. 
66, 88. The contrary doctrine, however, was since held in the same 
court, which held that a person so appointed is entitled to act for the 
whole year.— Anon, common pleas, Philadelphia, March, 1851, M. S. 

(c) W T here an election judge appointed an inspector in the place of 
the one who received the highest number of votes, he being absent, 
and the judge subsequently removed from the ward; held, that the 
inspector so appointed had power to make an appointment to till the 
vacancy in the office of judge.—Penn, district election case, 1 Wh. 
Dig. 705, § 22, December, *1847. 



ELECTION LAWS. 


91 


Chap. IV.-] 

point a suitable person as clerk, qualified as aforesaid, 
who shall perform said duties for the year.— Ibid ., § 17. 

22. The inspectors, judges and clerks aforesaid, Oaths of officers 
shall, before entering on the duties of their offices, of Section, 
severally take and subscribe the oath or affirmation 
hereinafter directed, (a) which shall be administered 

to them by any judge, alderman or justice of the 

peace; but if no such magistrate be present, one of 

the inspectors of the election shall administer the oath By whom to be 

or affirmation to the other judge and inspector, and administered. 

then the inspector so qualified shall administer the 

oath or affirmation to him.— Ibid., % 18. 

23. Every inspector and judge of an election shall Authority of in- 
have full power and authority to administer oaths or spector and 
affirmations to any and all persons requiring, or offer- jj* 0 d n g s e of elec ' 
ing to be sworn or affirmed, in relation to the right of 

any person to vote at any election authorized to be 
held under any law of this commonwealth, and gen¬ 
erally, shall in the exercise of the duties of their office 
as inspectors or judge, have the same power to ad¬ 
minister oaths or affirmations required, or authorized 
to be administered by the provisions of this act, or 
the act to which this is a supplement, as justices of 
the peace have by the laws of this commonwealth; 
and a violation of such oath or affirmation shall be 
subject to the same fines and penalties which are or 
may be inflicted by law, for a violation of such oath 
or affirmation when administered by a justice of the 
peace.—Act of 13 June, 1840, § 14, P. L. 687. 

24. The inspectors, judge and clerks required by 0attsof inspeo _ 
law to hold township and general elections shall take tors, &c. 
and subscribe to the several oaths or affirmations re¬ 
quired by the nineteenth, twentieth and twenty-first 

sections of the act of the second day of July, one 
thousand eight hundred and thirty-nine, entitled, ‘‘An 
act relating to the elections of this commonwealth,” 
which oaths or affirmations shall be prepared and ad¬ 
ministered in the manner prescribed in the eighteenth 
and twenty-second sections of said act; and in addi¬ 
tion to the powers conferred by the eighteenth section 
of said act, the judge, or either of the inspectors, 
shall have power to administer the oaths prescribed 
by said act, to any clerk of a general, special or town¬ 
ship election; and the ninth section of the act to 


( a ) Where one of the clerks, from intoxication, was unable to con¬ 
tinue his labors, and another person was called to act in his place, but 
was not sworn, and continued to officiate until the regular clerk was 
able to resume his duties, the court refused to set an election aside on 
that ground, there being no allegation of fraud or mistake in conduct¬ 
ing the election.—2 Par. 503. 



92 


DIGEST OF GENERAL 


Oath of inspec¬ 
tor. 


Oath of judges. 


Oath of clerks. 


[Chap. IV. 

which this is a further supplement be and the same is 
hereby repealed.—Act 13 June, 1840, § 3, P. L. 690. 

25. The following shall be the form of the oath or 
affirmation to be taken by each inspector, viz.: “I (A. 

B.) do-that I will duly attend to the ensuing 

election during the continuance thereof as an inspec¬ 
tor, and that I will not receive any ticket or vote 
from any person other than such as I shall firmly be¬ 
lieve to be according to the provisions of the constitu¬ 
tion and the laws of this commonwealth, entitled to 
vote at such election, without requiring such evidence 
of the right to vote as is directed by law; nor will I 
vexatiously delay or refuse to receive any vote from 
any person who I shall believe to be entitled to vote 
as aforesaid, but that I will in all things truly, impar¬ 
tially and faithfully perform my duty therein to the 
best of my judgment and abilities, and that I am not 
directly nor indirectly interested in any het or wager 
on the result of this election.”—Act 2 July, 1839, § 
19, P. L. 523. 

26. The following shall be the oath or affirmation of 

each judge, viz: “I, (A. B.) do-that I will, as 

judge, duly attend the ensuing election during the con¬ 
tinuance thereof, and faithfully assist the inspectors 
in carrying on the same; that I will not give my con¬ 
sent that any vote or ticket shall be received from any 
person other than such as I firmly believe to be, ac¬ 
cording to the provisions of the constitution and laws 
of this commonwealth, entitled to vote at such elec¬ 
tion, without requiring such evidence of the right to 
vote as is directed by law, and that I will use my best 
endeavors to prevent any fraud, deceit or abuse in 
carrying on the same by citizens qualified to vote, or 
others ; and that I will make a true and perfect return 
of the said election, and will in all things truly, im¬ 
partially and faithfully perform my duty respecting 
the same, to the best of my judgment and abilities; 
and that I am not, directly or indirectly, interested in 
any bet or wager on the result of this election.”— 
Ibid , § 20. 

27. The following shall be the form of the oath or 
affirmation to be taken by each clerk, viz : “I, (A. B.) 

do-that I will impartially and truly write down 

the name of each elector who shall vote at the ensuing 
election which shall be given me in charge, and also 
the name of the township, ward or district wherein 
such elector resides, and carefully and truly write down 
the number of votes that shall be given for each can¬ 
didate at the election, as often as his name shall be 





Chap. IV.] 


ELECTION LAWS. 


93 


read to me by the inspectors thereof, and in all things 
truly and faithfully perform my duty respecting the 
same to the best of my judgment and ability; and 
that I am not, directly or indirectly, interested in any 
betor wager on the result of this election.”— Ibid., % 21. 

28. It shall be the duty of the said clerks forthwith 
to make out two copies of the forms of each of the said 
oaths or affirmations, which shall be severally sub¬ 
scribed by each of the inspectors, judges and clerks, 
and the said oaths or affirmations shall be cert died 
under the hands of the persons by whom they shall 
be administered.— Ibid., § 22. 

D. Mode of Conducting Elections. 

29. The commissioners of every county within this 
commonwealth shall, on or before eight of the clock 
in the morning of the day of every general, special, 
electoral and township election, and at the times here¬ 
inafter specified, perform the following duties: 

First. At elections, as aforesaid, they shall cause to 
be delivered to one of the inspectors of every election 
district, within their respective counties, a sufficient 
number of boxes to contain the tickets, (unless the 
same has already been provided for said township,) 
blank forms of election oaths, tally jiapers and returns 
made out in a proper manner, and headed as the nature 
of the election may require. 

Second. At special, electoral and township elections 
they shall, in addition to the foregoing, deliver to the 
aforesaid inspectors certified copies, under seal of 
office, of the duplicate copies delivered them to file 
in their respective offices, by the respective assessors 
of wards, townships, incorporated districts and bor¬ 
oughs, within their respective counties, pursuant to 
the directions and provisions contained in the fifth 
section of this act; (a) also, a sufficient number of 
blank forms or certificates of election, for each person 
elected to any office voted for at township elections, (b) 

Third . On the day of meeting of the return judges 
of elections, within their respective counties, they shall 

(а) Ante , § 13. 

(б) By act 11th March, 1852, § 17, so much of this section “as re¬ 
quires county commissioners to furnish every election district with a 
list of the voters residing therein,” is repealed, “ so far as relates to 
township elections in the county of Lancaster, and it shall be the duty 
of the inspectors to whom such lists are furnished at the general elec¬ 
tions, to preserve the same for use at the township elections,” P. L. 
129. The provisions of the 17th section of the act 11th March, 1852, are 
extended to the counties of Chester, Delaware, Montgomery, Cumber¬ 
land, Fayette, Adams and Franklin, by act 17th March, 1855, P. L. 99. 
To the counties of Dauphin and Northumberland, by act 7th May, 1855, 
P. L. 478. To the county of York, by act 16th March, 1861, P. L. 148. 
And to the county of Washington, by act 1st May, 1861, P. L. 474. 


Two copies of 
oaths to be 
signed and cer¬ 
tified. 


County com¬ 
missioners to 
perform certain 
duties respect¬ 
ing elections. 


Special elec 
tions. 



04 


DIGEST OF GENERAL 


To provide du¬ 
plicate, tripli¬ 
cate and single 
returns. 


Election of 
commissioners 
and auditors. 


When elections 
to be opened 
and closed. 


Position of in¬ 
spectors at elec¬ 
tions, names of 
districts to be 
placed on win¬ 
dows. 


Qualifications 
of voters, how 
to be decided. 


Inspectors only 
to receive votes 
from electors in 
their district. 

Electors may 
vote by written 
or printed 
tickets. 


[Chap. IV, 

immediately, on said judges having met and selected 
one of their number as president of the board, deliver 
to said president a sufficient number of blank forms, 
of duplicate, triplicate and single returns, made out 
in a proper manner, and headed as the nature of the 
return may require; also, blank forms of certificates 
of election, for each person elected at such election, 
made out and headed as the case may require.— Act 
13 June, 1840, § 7, P. L. 686. 

30. In cases of election of county commissioners 
and county auditors, one copy of the return of election 
shall be enclosed in an envelope, sealed and directed 
“to the commissioners of the proper county.”— Ibid., 
§ 8 . 

31. Every general and special election shall be 
opened between the hours of eight and ten in the 
forenoon, and shall continue without interruption or 
adjournment until seven o’clock in the evening, when 
the polls shall be closed, except in the city and county 
of Philadelphia, the polls shall not be closed before 
ten o’clock in the evening, (a) ante , sec. 5.—Act 2 
July, 1839, § 61, P. h. 532. 

32. The inspectors shall be placed so as most con¬ 
veniently to receive the tickets of the electors, and 
over or near to the door, window or other jfiace at 
which the tickets are received, the name of the town¬ 
ship, ward or district whose inspectors shall be there 
placed, shall be written or printed, in legible charac¬ 
ters, so that the electors may readily find the inspectors 
to whom their tickets are to be delivered.— Ibid., § 62. 

33. The judges of the elections, within the limits of 
their respective wards, districts or townships, shall have 
power, and are hereby required to decide on the quali¬ 
fications of any person claiming to vote at any elec¬ 
tion, whenever the inspectors thereof shall disagree 
upon the right of such person to vote, but not other¬ 
wise ; and the inspectors thereof shall, upon such de¬ 
cision, forthwith receive or reject the vote of such 
person, as the case may be.—Act 2 July, 1839, <§, 6, P. 
L. 520. 

34. Ho inspectors shall receive any ticket from any 
person other than an elector residing within the town¬ 
ship, ward or district for which such inspector shall 
have been elected or appointed.— Ibid ., § 68, P. L. 534. 

35. Every voter may deliver written or printed 
tickets as he shall see cause, but each ticket shall be 
on a separate piece of paper, folded so as to conceal 


(a) See notes to section 5, ante. 



ELECTION LAWS. 


05 


Chap. IV.] 

the name of the person or persons voted for, and con¬ 
taining on the outside fold the designation of the How to be fokl 
office, (a) and that only thus: there shall be contained e a. 
in one ticket the name of a person for governor; in 
one other ticket the name or names of a senator or 
senators ; in one other ticket the name or names of a 
member or members of the House of Representatives, 
and thus with respect to other offices, as the case may 
be. (I))—.Ibid., § 69. 

36. The qualified voters of the several counties of Mode of votin , 
this commonwealth at all general, township, borough ° l '° mg 
and special elections are hereby, hereafter, authorized 

and required to vote by tickets printed or written, or 
partly printed and partly written, severally classified 
as follows: 

One ticket shall embrace the names of all judges 
of courts voted for, and to be labelled outside judi¬ 
ciary. 

One ticket shall embrace the names of all state offi¬ 
cers voted for, and to be labelled “state.” 

One ticket shall embrace the names of all couuty 
officers voted for, including office of senator, member 
and members of assembly, if voted for, and members 
of Congress, if voted for, to be labelled “ county.” 

One ticket shall embrace the names of all township 
officers voted for, and be labelled “ township.” 

One ticket shall embrace the names of all borough 
officers voted for, and be labelled “boroughand each 
class shall be deposited in separate ballot-boxes.—Act 
30 March, 1866, § 1, P. L. 92. 

37. It shall be the duty of each inspector who shall inspector when 
receive the ticket of an elector, to call out aloud the 

name of such elector, which shall be entered by the name of elector^ 
clerks in separate lists, and the name shall be repeated to be entered 
by each of them, and the inspector shall insert the by clerks - 
letter “ V ” in the margin of the alphabetical list, oppo¬ 
site to the name of such elector; and if such elector 
shall have been sworn or affirmed, or produced a cer¬ 
tificate or other evidence, as before provided, of having Entry to be 
been naturalized, the inspector shall also note the same made b / in - 
in the margin of such list, and where proof of resi- spect01 ' 


(а) A ticket containing on the outside the words “ prothonotarv, 
register, recorder, <fcc.,” sufficiently designates all the various offices 
which are filled, in the county, by the same person.—3 P. L. J. 160. 
So a ticket having on the ontside the words “ prothonotarv and clerk 
of the several courts of Luzerne county,” is sufficient for that pur¬ 
pose.—3 P. L. J. 155. 

(б) When there are more names on the ticket than there ought to be, 
it is ground for rejecting the votes that contain such names, even if the 
other names were properly voted for.—2 Par. 534. 




96 


DIGEST OP GENERAL 


[Chap. IV. 

clence is made, shall also note the name of the person 
making such proof.—Act 2 July, 1839, § 70, P. L. 534. 
How tickets de- 38. All tickets folded and endorsed, as aforesaid, 
posited. and personally delivered by the voter and none other, 
shall, by the respective inspectors, (a) be deposited in 
separate boxes, according to the office designated on 
the back of the ticket, and shall there remain until 
the poll be closed.— Ibid., % 71. 

E. Op the Qualified Electors. 

Qualifications 39. No person shall be permitted to vote at any elec- 
of electors tion, as aforesaid, other than a white (b) freeman of the 

age of twenty-one years or more, who shall have resided 
(c) in this state (d) at least one year, and in the elec¬ 
tion district (e) where he offers to vote at least ten days 
immediately preceding such election, and within two 
years paid a state or county tax which shall have been 
assessed (/) at least ten days before the election. But 
a citizen of the United States, who had previously 
been a qualified voter of this state, and removed there¬ 
from and returned, and who shall have resided in the 
election district and paid taxes, as aforesaid, shall be 
entitled to vote after residing in this state six months: 
Proviso. Provided , That the white freemen, citizens of the 

United States, between the ages of twenty-one and 
twenty-two years, and having resided in this state one 
year, and in the election district ten days, as aforesaid, 
shall be entitled to vote, although they shall nqt have 
paid taxes.—Act 2 July, 1839, § 63, P. L. 532. 

Proofs of right 40. Every person claiming a right to vote at any 
to vote, which election, as aforesaid, shall, if required by either of 
by inspectors, the inspectors, make proof— 

I. That he is a natural born citizen of this com¬ 
monwealth; or 


(а) A thoughtless, inconsiderate interference with the tickets, by a 
third person, who came into the election room, there being no pretended 
allegation of fraud, was held not sufficient ground to set aside the elec¬ 
tion.—2 Par. 503. 

(б) See ante , chapter II, page 17, § 1. 

(c) Students attending college do not thereby acquire the necessary 
residence—Fry’s appeal, Leg. Int. of February 1872, p. 237. 

( d ) The party must not only have actually resided in the state one 
year before tendering his vote, but such residence must have been with 
the intent to become a citizen of -this state, and to abandon the citizen¬ 
ship the party may have previously had in another state.— Anon, com. 
pleas, Philadelphia, 3 November, 1848, M. S. See 2d Par. A. D. 450, 1 
Ashi 126, 1 Wall, jr., 217, 2d J. 365, 3 P. L. J. 310; and see also, 5 Wr. 
403. 

(e) The term “ election district,” signifies any part of a city or coun¬ 
ty having fixed boundaries within which the citizens residing therein 
must vote.—3 P. L. J. 310, 5 Wright, 403. 

(/) The tax must have been personally assessed upon the voter.—2 
S. & R. 265. 



ELECTION LAWS. 


97 


Chap. IV.] 

II. That lie was settled therein on the twenty-eighth 
of September, one thousand seven hundred and seven¬ 
ty-six, and has since continued to reside therein ; or 

III. That having been a foreigner, who since that 
time came to settle therein, he took an oath or affirma¬ 
tion of allegiance to the same on or before the twenty- 
sixth of March, Anno Domini one thousand seven 
hundred and ninety, agreeably to the then existing 
constitution and laws, and as evidence of any of the 
said facts the oath or affirmation of such person shall 
be sufficient; or 

IV. That he is a natural born citizen of some other 
of the United States, or had been lawfully admitted 
or recognized as a citizen thereof, on or before the 
twenty-sixth day of March, one thousand seven hun¬ 
dred and ninety, and as evidence therefor he shall, if 
required by any judge or inspector of the election, pro¬ 
duce a certificate in due form from some judge, pro- 
thonotary or clerk of a court, mayor, alderman or 
justice of the peace, or shall be examined on his oath 
or affirmation; or 

V. That having been an alien, he has been natural¬ 
ized conformably to the laws of the United States; 
and as the only evidence thereof, he shall produce a 
certificate thereof under the seal of the court where 
such naturalization took place, (a) except where such 
person shall have resided in said ward, district or town¬ 
ship for ten years or upwards next preceding such ap¬ 
plication to vote, in which case the oath of such appli¬ 
cant shall b q prima facie evidence of naturalization.— 
Ibid ., § G4. 

41. No person shall be admitted to vote whose name 
is not contained in the list of taxable inhabitants fur¬ 
nished by the commissioners, as aforesaid; unless, 

First. He produce a receipt for the payment, within 
two years, of a state or county tax assessed agreeably 
to the constitution, and give satisfactory evidence, 
either on his own oath or affirmation or the oath or 
affirmation of another, that he has paid such a tax; 
or on failure to produce a receipt, shall make oath to 
the payment thereof; or 

Second. If lie claim a right to vote by being an elec¬ 
tor between the ages of twenty-one and twenty-two 
• years, he shall depose on oath or affirmation that he 
lias resided in the state at least one year next before 
his application, and make such proof of residence in 


( a ) Where the naturalization results from the naturalization of the 
parent, the parent’s certificate must be produced.— Price vs. Barber, 13 
Leg. Int. 140. 

T 


Proofs required 
when name is 
not on list of 
taxables. 


Proofs required 
of persons be¬ 
tween twenty- 
one and twen¬ 
ty-two. 



98 


DIGEST .OF GENERAL 


[Chap. IV. 


the district as is required by this act, and that he does 
verily believe, from the accounts given him, that he 
is of the age aforesaid, and give such other evidence 
as is required by this act; whereupon the name of the 
sertedfon lis^of person so admitted to vote shall be inserted in the al- 
taxabies by in- phabetical list by the inspectors, and a note made op- 
spsctors. posite thereto by writing the word “tax,” if he shall 
, be admitted to vote by reason of having paid a tax, 

or the word “ age,” if lie shall be admitted to vote on 
account of his age, and in either case the reason of 
such vote shall be called out to the clerks, who shall 
make the like notes in the list of voters kept by them.— 
Ibid., § 65. 

Proofs required 42. In all cases where the name of the person claim- 
where name is ing to vote is not found on the list furnished by the com- 
ri^huovoteis m i ss i° ners and assessor, or his right to vote, whether 
questioned eiS found thereon or not, is objected to by any qualified 
citizen, it shall be the duty of the inspectors to exam¬ 
ine such person on oath as to his qualifications, and if 
he claims l^o have resided within the state for one year 
or more, his oath shall be sufficient proof thereof, (a) 
Proof of actual but he shall make proof by at least one competent 
residence. witness, who shall be a qualified elector, that he has 
resided within the district for more than ten days next 
immediately preceding said election, (b) and shall also 
himself swear that his bona fide residence, in pursuance 
of his lawful calling, is within the district, and that he 
did not remove into said district for the purpose of 
voting therein.— Ibid., % 66. 

Persons quaiifi- 43. Every person qualified as aforesaid, and who 
ed to vote in shall make due proof, if required, of his residence and 
proper districts payment of taxes, as aforesaid, shall be admitted to 
vote in the township, ward or district in which he 
shall reside.— Ibid., % 67. 

Removal from 44 « That any person who may be constitutionally 
Maids. 4 qualified to vote in any city or county of this common¬ 
wealth, but who may have removed from one ward to 
another ward within such city, or from any borough 
or township in any such county to any borough or 
township in such county, within ten days next x>re- 
ceding any general election held therein, shall be en¬ 
titled to vote at such general election in the ward, 


(a) The election officers are concluded by the answers of the narty 
offering to vote, as to his residence in the state; but they have the 
right to obtain from him full answers upon the question, and if not 
satisfactory, the vote should be rejected.— Anon., com. pleas Philadel¬ 
phia, 3 November, 1848, M. S. 

. (&) If the name of one offering to vote is not found on the assessor’s 
list, it is the duty of the inspectors to demand proof, by at least one 
competent witness, who is a qualified voter, that he has resided in the 
district more than ten days.—2d Par. 553, 580—1. 



ELECTION LAWS. 


99 


Chap. IV.] 

borough or township from which such person may 
have so'removed.(tf)—Joint resolution26th April, 1844, 
P. L. 605. 


F. Duties of Peace Officers. 

45. It shall be the duty of every mayor, sheriff, Duty of peace 
deputy sheriff, alderman, justice of the peace, and officers to clear 
constable or deputy constable of every city, county windows - 
and township or district within this common wealth, 
whenever called upon by any officer of an election, 

or by any three qualified electors thereof, to clear any 
window, or avenue to any window, at the place of the 
general election, which shall be obstructed in such a 
way as to prevent voters from approaching the same, 

(b) and on neglect or refusal to do, on such requisition, 
said officer shall be deemed guilty of a misdemeanor Penalt 
in office, and, on conviction, shall be fined in any sum ena y ' 
not less than one hundred nor more than one thousand 
dollars; and it shall be the duty of the respective con- Constables to 
stables of each ward, district or township within this attend eiec- 
commonwealth to be present, in person or by deputy, tions - 
at the place of holding such elections in said ward, 
district or township, for the purpose of preserving the 
peace, as aforesaid—Act 2 July, 1839, § 111, P. L. 543. 

46. It shall be the duty of every peace officer, as p eac e officers 
aforesaid, who shall be present at any such disturb- to report dis- 
ance at an election as is described in this act, to re . turbances to 
port the same to the next court of quarter sessions, 

and also the names of the witnesses who can prove 
the same; and it shall be the duty of said court to indictments to 
cause indictments to be preferred before the grand be preferred, 
jury against the persons so offending.— Ibid., § 112. 

47. If it shall be made appear to any court of quar- Penalty on cen¬ 
ter sessions of this commonwealth that any riot or re^orTin^d^ 
disturbance occurred at the time and place of holding turbance^. C 18 
any election under this act, and the constables who 

are enjoined by law to attend at such elections have 
not given information thereof according to the provi¬ 
sions of this act, it shall be the duty of said court to 
cause the officer or officers so neglecting the duty afore¬ 
said to be proceeded against by indictment for a mis¬ 
demeanor in office, and, on conviction thereof, the said 


( а ) This resolution held to be unconstitutional.—Ewing’s case, Q. S. 
Philadelphia, 22 July, 1862, M. S. 

(б) In discharging this duty, the officer ought to give notice to the 
people to remove themselves, before proceeding to violent measures ; 
but having given this notice, he has the right to use as much force as 
may be necessary to accomplish the object, and every citizen who is 
called on to assist him, is bound to do so.— Com. vs. Hamilton, Lancas¬ 
ter Qi S., 22d January, 1849, M. S. 



100 


Courts to exam¬ 
ine constables 
after election, 
as to breaches 
of the peace. 


I 

How votes to be 
counted. 


Tickets deceit¬ 
fully folded or 
containing too 
many names, to 
be rejected. 


Tickets, list 
and tally pa¬ 
pers, &c., to be 
delivered to 
nearest justice 
and prothono- 
tary. 


DIGEST OF GENERAL [Chap. IV. 

officer sliall be fined in any sum not exceeding one 
hundred dollars.— Ibid, § 113. 

48. It shall be the duty of the several courts of quar¬ 
ter sessions of this commonwealth, at the next term of 
said court after any election shall have been held under 
this act, to cause the respective constables in said county 
to be examined on oath as to whether any breaches of 
the peace took place at the election within their re¬ 
spective townships, wards or districts; and it shall be 
the duty of said constables, respectively, to make re¬ 
turn thereof as part of their official return at said 
court.— Ibid., § 114. 

G. Counting of Votes and Making Returns. 

49. When the poll shall be closed, the boxes wherein 
the tickets shall have been deposited shall be opened 
one by one, and the inspectors, in the presence of the 
judge, shall deliberately take out such tickets, and 
shall each read aloud the name or names written or 
printed thereon, respectively, and the clerks shall each 
carefully enter, as read, each ticket as it is taken from 
the box, and keep account of the same on papers pre¬ 
pared for the purpose, so that the number of votes for 
each candidate tallied thereon may be readily cast up 
and known.—Act 2 July, 1839, § 72, P. L. 535. 

50. If upon opening any ticket, as aforesaid, there be 
found any more names written or printed on any of 
them v than there ought to be, (a) or if any two or more 
such papers be deceitfully folded together, such tickets 
shall be rejected and not counted among the votes; 
but no ticket shall be rejected by reason of its contain¬ 
ing fewer names than the proper number.— Ibid., § 73. 

51. As soon as the election shall be finished, the 
tickets, list of taxables, one of the lists of voters, the 
tally papers and one of the certificates of the oath or 
affirmation taken and subscribed by the inspectors, 
judges and clerks, shall all be carefully collected and 
deposited in one or more of the ballot boxes; and 
such box or boxes, being closely bound round with 
tape, shall be sealed by the inspectors and judge of 
election, and together with the remaining ballot boxes, 
shall within one day thereafter be delivered, by one 
of the inspectors, to the nearest justice of the peace, 
who shall keep such boxes containing the tickets and 
other documents, to answer the call of any persons 
or tribunal authorized to try the merits of such elec¬ 
tion, and the other list of voters, tally papers and cer¬ 
tificates, shall be enclosed by the said inspectors and 


(a) Ante, sec. 35, note (&.) 4 Seld. 68, 65. 



ELECTION LAWS. 


101 


Chap. IV.] 

and judge in a sealed cover, directed to the prothono- 
tary of the court of common pleas of the county, and 
shall by some one of them be delivered into his office, 
within three days thereafter, where the same shall be 
filed.— Ibid, § 74. 

52. As soon as all the yotes given for any office Judge to de _ 
shall be read off and counted, the judge shall pub- dare the num- 
licly declare the number of votes given for each P er “ candidates 08 f ° r 
son for such office, and the inspectors and judge 0 f cant u a es - 
each election district shall make out a certificate under certificates, 
their hands and seals, setting forth in words at length, howto be made, 
the number of votes given for the several persons 

voted for, and distinguishing the office or station in 
respect to which votes were given.— Ibid ., § 75. 

53. The said judge shall then take charge of the Duty of return 
certificate aforesaid, and on the third day after the judges. 

day of election shall produce the same at a meetiug Timeof meet _ 

of one judge from each district within the same county ing. 

at the court house of the said county; and for the 

city and county of Philadelphia, at the state house in 

the said city, except where such judge by sickness or Vacancies. 

unavoidable accident is unable to attend; in which 

case one of the inspectors or clerks shall take charge 

of said certificate and perform the duties required of 

said judge: Provided, That if the third day after the Proviso. 

election shall be Sunday, the meeting shall be held on 

the Monday next following.— Ibid., § 76. 

34. When the qualified voters of more than one Duty of return 
ward, township or district meet at the same place to judges, when 
hold their election, it shall be the duty of the respec- than^ne dis° ie 
tive judges of said election districts, in addition to the trict vote at 
certificates required in the seventy-sixth section of this same P lace - 
act, (a) to make out a fair statement and certificate of 
all the vote^ which shall have been then and there 
given for each candidate, distinguishing the office or 
station which he shall have been voted for ; and one 
of said judges shall take charge of said certificate, 
and also of the several certificates made out for each 
election district, as before directed, and produce the 
same at a meeting of all the judges in the county, in 
the manner prescribed in the seventy-eight section of 
this act. (b) — Ibid., § 77. 

H. Duties of Return Judges. 

55. The judges of the several election districts, in turn^'udges. 
each county, being so met, shall select one of their 
number to act as president of the board; and also se- 


(a) Ante, § 53. (&) Post, § 55. 


/ 



102 


DIGEST OF GENERAL 


[Chap. IV. 


President and 
clerks to be 


Returns to be 
presented, read 
and added. 


Pay of clerks. 


Returns to be 
signed by all 
the judges. 


Of imperfect 
certificates. 


How to be dis¬ 
posed of. 


I 

Number of re¬ 
turns to be 
made. 


lect two suitable qualified electors of the county, 
either members of the board or otherwise, to act as 
clerks, who, before entering on their duties, shall be 
severally sworn or affirmed to perform the duties of 
their office with honesty and fidelity; and on the 
board being so formed, it shall be the duty of the 
several return judges to deliver the certificates of 
election in their respective districts, to the president 
of said board, who shall cause the clerks, in the pres¬ 
ence of said board, to add together the number of 
votes which shall appear, by said certificates, to have 
been given for any person or persons in respect to 
each office or station; and said clerks, when not return 
judges, shqll be allowed two dollars per day in full for 
their services, and when return judges, fifty cents in 
addition to the pay allowed by law as judges, which, 
in either case, shall be paid out of the county treasury 
on a certificate to the commissioners of the proper 
county, signed by the president of the board.—Act 2 
July, 1839, § 78, P. L. 536. 

56. The clerks shall, thereupon, in presence of the 
judges, make out returns in the manner hereinafter 
directed, which shall be signed by all the judges pres¬ 
ent, and attested by said clerks; and it shall not be 
lawful for said judges or clerks, in casting up the 
votes which shall appear to have been given, as shown 
by the certificates under the seventy-sixth and seven¬ 
ty-seventh sections of this act, (a) to remit or reject 
any part thereof, except where, in the opinion of said 
judges, such certificate is so defective as to prevent 
the same from being understood and computed in 
adding together the number of votes ; in which case 
it shall be the duty of said clerks to make out a true 
and exact copy of said paper or certificate, to be 
signed by said judges and attested by said clerks, and 
attached to and transmitted with said return (where 
the same is directed to be transmitted) to the secre¬ 
tary of the commonwealth, and the original paper 
shall be deposited in the prothonotary’s office, and by 
said officer copied and transmitted, with the return of 
said election, to the secretary as aforesaid. 

I. Duplicate returns of all the votes given for every 
person and persons who shall have been voted for for 
any office or station which the electors of the county 
are entitled to choose of themselves, unconnected with 
any other county or district. 

II. Like returns of all the votes given in the county 
for every person voted for as governor. 


(a) Ante, §§53 and 54. 



ELECTION LAWS. 


Chap. IV.] 


103 


III. Triplicate returns of all the votes given for any 
person voted for in the county as electors of President 
and Vice President of the United States.— Ibid., § 79. 

57. When the returns shall be completed, the presi- Ono return to 
dent of the board of judges aforesaid shall forthwith be ?£ dge f , wUh 
lodge one of each of such returns in the office of the pl ° lopo 
prothonotary of the court of common pleas of the 

county; and in the case of an election of electors for 
President and Vice President of the United States, 
one other of the returns in the same office, and the 
other duplicates shall be transmitted as follows, viz: 

I. In case of a governor, the remaining duplicate Return of gov- 
shall be enclosed in an envelope, directed to the f rn ?h hm y° 
speaker of the Senate, and endorsed according to the sent^o^ecretl^ 
fact, which having been sealed, shall be enclosed in ry common- 
another envelope, sealed and directed to the secretary wealth - 

of the commonwealth, and the same shall forthwith 
be placed, by the said president, in the nearest post 
office. 

II. In case of electors of President and Vice Presi- Return of elec- 
dent of the United States, and of members of the tors of presi- 
House of Representatives of the United States, and of dent ’ &c ' 
county offices to be commissioned by the governor, 

the remaining duplicate shall be enclosed in an en¬ 
velope, sealed and directed to the secretary of the com¬ 
monwealth, and in like manner placed, by the said 
president, in the nearest post office. 

III. In case of the election of a senator or senators Return of sena- 
of this commonwealth, the same shall be enclosed in tors. 

an envelope, sealed and directed “to the Senate of 
Pennsylvaniaand in case of the election of a mem¬ 
ber or members of the House of Representative of this 
commonwealth, the same shall, in like manner, be en¬ 
closed in an envelope, sealed and directed “ to the House of rep- 
House of Representatives of Pennsylvania,” and each resentatives. 
of said returns shall be enclosed in an envelope, and 
directed to the secretary of the commonwealth, and in 
like manner placed, by said president, in the nearest 
post office.—Act 2 July, 1839, § 80, P. L. 537. 

58. In cases of election of county commissioners Election of 
and county auditors, one copy of the return of election 

shall be enclosed in an envelope, sealed and directed 911 ailCi olh ' 

“ to the commissioners ” of the proper county.—Act 
13 June, 1840, § 8, P. L. 687. 

59. When two or more counties shall compose a dis- District re- 
trict for the choice of a member or members of the turns. 

Senate of this commonwealth, or of the House of Rep¬ 
resentatives of the United States, or of this common¬ 
wealth, the judges of the election, in each county, 


104 


DIGEST OF GENERAL 


[Chap. IV. 


having met, as aforesaid, the clerks shall make oat a 
fair statement of all the votes which shall have been 
given at such election, within the county, for every 
person voted for as such member or members, which 
shall be signed by said judges, and attested by the 
clerks; and one of the said judges shall take charge 
•ud^^tim^of snc ^ cer tifi ca I e > aa d shall produce the same at a 
meeting. 1116 ° meeting of one judge from each county, at such place, 
in such district, as is or may be appointed by law for 
the purpose; which meeting shall be held on the sev¬ 
enth day after the election.—Act 2 July, 1889, § 81, 
P. L. 538. 

00. The judges of the several counties having met 
as aforesaid, shall cast up the several county returns, 
and make duplicate returns of all the votes given for 
such office, in said district, and of the name of the per- 
One return to son or persons elected; and one of said returns, for 
be lodged with each office, shall be deposited in the office of the pro- 
prothonotary. thonotary of the court of common pleas of the county 
The other to be in which they shall meet, and the other shall be by 
said judges deposited in the nearest post office, sealed 
and directed to the secretary of the commonwealth, in 
the manner directed in parts two and three of the 
eightieth section of this act.— Ibid., § 82. 

61. It shall also be the duty of the return judges, in 
every case, to transmit to each of the persons elected 
to serve in Congress, or in the Senate, or in the House 
of Eepresentatives of this commonwealth, a certificate 
of his election, within five days after the day of making 
up such return.— Ibid ., § 83. 

62. Every return judge shall be allowed, out of the 
treasury of his proper county, the sum of ten cents for 
every mile he shall necessarily have traveled in going 
to the place appointed by law for the meeting of re¬ 
turn judges, and in returning thence to his own 
house.— Ibid., § 93, P. L. 540. 

I. Duties of Prothoxotary. 

63. It shall be the duty of the protlionotary of every 
to send copies county to whom the return of any election shall be de- 
secret!^ bvered by the judges as aforesaid, where said judges 
commonwealth, are required to send a copy of said return to the sec¬ 
retary of the commonwealth, to make out a copy of 
such return, certified under his hand and official seal, 
and forthwith to transmit such copy, under a sealed 
cover, to the secretary of the commonwealth, by pla- 

Prothonotaries cing the same in the nearest post office. It sliail also 
to record re- be the duty of the protlionotary of every county to 
turns. record all the election returns in a book to be pro- 


sent to secre¬ 
tary common¬ 
wealth. 


Return judges 
to give certifi¬ 
cates to per¬ 
sons elected. 


Pay of return 
judges. 


Prothonotaries 


ELECTION LAWS. 


105 


Chap. IV.] 

cured for that purpose, and to lay the returns of the t 0 lay county 
election of county commissioners and county auditors,! returns before 
and of all township officers, before the court of quarter court * 
sessions of such county.—Act 2 July, 1839, § 84, P. 

L. 539. 

64. It shall also be the duty of every prothonotary To give copies> 
to give a certified copy of the list of voters and other 

papers deposited in his office by the judges of an elec¬ 
tion, to any person applying for the same, on payment 
of the usual fees as in other cases.— Ibid., § 85. 

K. Duties of Sectretary of the Commonwealth. 

65. If the returns of any election, which by this Duty of sccre _ 
law are directed to be transmitted to the secretary of tary of com- 
the commonwealth, shall not be received within fif- “(^returns 
teen days after the same are required to be deposited are not received 
in the post office, it shall be the duty of said secretary time. 

to forthwith notify the prothonotary of the proper 
county to transmit, without delay, a certified copy of 
such returns.— Ibid., § 86. 

66. It shall be the duty of the secretary of the com- Secretary of 
monwealth, on the receipt of the returns of the elec- ££ ^certain* 1 
tion of any township or county officer, who is by law r etums e before 
to be commissioned by the governor, to forthwith lay governor, 
the same before him; and on the first Tuesday of To lay returns 
January, in each and every year, as soon as the Sen- of senators be. 
ate shall convene, all returns of the election of sena- * ore speaker of 
tors for that year to the speaker of the Senate.— Ibid., ena e ' 

§ 87. 

67. It shall be the duty of said secretary, between To take returns 
the hours of eleven o’clock A. M. and one o’clock P. of members of 

M. of the first Tuesday in January of each and every ^ all R - into the 
year, to take into the hall of the House of Represen¬ 
tatives the several returns of the elections of members 

of said House.— Ibid., § 88. 

68. It shall be the duty of said secretary, within Secretary to de- 
five days after the meeting of the general assembly, ^ernoi^to 8 ° f 
to deliver to the speaker of the Senate the returns of speaker of° 
the election of governor, received by him from the Senate, 
several counties of this commonwealth.— Ibid., § 90, 

P. L. 540. 

69. In all cases of election to fill vacancies in either Secretary to de¬ 
branch of the legislature, the secretary shall, on re- ^ iv e e c 1 - a ^ e g 1 1 1 ™ s of 
ceiving the returns of such election, deliver the same tfons! e 6C ~ 
without delay to the speaker of the House, in which 

such vacancy occurred, and if said House is not in ses¬ 
sion when said return is received, then the same shall 
be delivered as soon as said House convenes.— Ibid., 

§89. 


DIGEST OE GENERAL 


100 

Of returns of 
governor re¬ 
ceived after 
election pub¬ 
lished. 


Taking bribes 
by electors. 


Corruptly influ¬ 
encing and in¬ 
timidating elec¬ 
tors. 


[Cheap. IV. 


70. Whenever the returns ot an election for gover¬ 
nor shall not be received from any county by the sec¬ 
retary of the commonwealth before the election of 
governor shall be published, every such return so de¬ 
layed shall be considered as void, unless the election 
be contested, in which case such returns shall be al¬ 
lowed to be of the same validity, arid liable to the 
same exceptions, as other returns received in due time. 
— Ibid ., § 91. 

L. Penalties for Misconduct. 

71. If any elector, authorized to vote at any public 
election, shall directly or indirectly accept or receive 
from any person, any gift or reward in money, goods 
or other valuable thing, under an agreement or pro¬ 
mise, express or implied, that such elector shall give 
his vote for any particular candidate or candidates at 
such election, or shall accept or receive the promise 
of any person that he shall thereafter receive any gift 
or reward in money, goods or other valuable thing, 
any office, appointment or employment, public or pri¬ 
vate, or any personal or pecuniary advantage whatso¬ 
ever, under such an agreement or promise, express or 
implied, such elector shall be guilty of a misdemeanor, 
and shall, on conviction of either of said offences, be 
sentenced to pay a fine not exceeding one hundred 
dollars and undergo an imprisonment not exceeding 
six months.—Act 31 March, I860, § 50, P. L. 390. 

72. Any person who shall directly or indirectly give 
or offer to give any such gift or reward to any such 
elector, with the intent to induce him to vote tor any 
particular candidate or candidates at such election, or 
shall directly or indirectly procure or agree to give 
any such gift or reward to such elector, with the intent 
aforesaid, or shall, with the intent to influence or in¬ 
timidate such elector to give his vote for any particu¬ 
lar candidate or candidates at such election, give, 
offer or promise to give to such elector any office, 
place, appointment or employment, or threaten such 
elector with dismissal or discharge from any office, 
place, appointment or employment, public or private, 
then held by him, in case of his refusing to vote for 
any particular candidate or candidates at such elec¬ 
tion, the person so offending shall be guilty of a mis¬ 
demeanor, and on conviction be sentenced to pay a 
fine not exceeding five hundred dollars, and undergo 
an imprisonment not exceeding two years.— Ibid ., § 51. 

73. If the constables or supervisors of any township, 
ward or district shall neglect or refuse to perform the 


ELECTION LAWS. 


107 


Chap. IV.] 

duties lierein required of liim or them, they shall re- penalty on su- 
spectively, on conviction, be tiued in any sum not less pervisors and 

than fifty nor more than one hundred dollars.—Act 2 

July, 1839, § 97, P. L. 541. neglect of duty. 

74. If the commissioners of any county shall wil- Penalty on com - 
fully omit to insert in the list of taxables, delivered 

by them to the inspectors, as before directed, the name n^es°of n 
of any person duly assessed and returned to them by persons as- 
the assessor, they shall, on conviction thereof, be fined sessed - 
and severally pay any sum not less than fifty nor more 
than one hundred dollars, (a) — Ibid., % 98. 

75. It shall not be lawful for any county treasurer, Receipts for un- 
county commissioner or commissioners, or any collec- assessed taxes 
tor of taxes in any township, ward or district, nor for or exonerations 
any other person on his or their behalf, to receive pay- pro 1 1 ec ' 
ment or give any receipt for the payment of any taxes 

that have not been duly assessed, and returns of said 
assessment made according to law; nor shall any such 
treasurer, commissioner or commissioners, or collector 
or other person on his or their behalf, receive payment 
or give any receipt for the payment of any taxes from 
the payment of which the party assessed has been ex¬ 
onerated according to law, unless the party,so exone¬ 
rated shall himself appear in his own proper person 
and tender payment of the taxes from which he had 
been so exonerated; and it shall not be lawful for any Adding names 
commissioner or commissioners of any county, or for to duplicate re- 
any other person on his or their behalf, to add any ^ rns prohlblt " * 
name or names to the duplicate return or list of taxa¬ 
bles, made or furnished by the assessor or assistant 
assessors of any township, ward or district; and if any 
such treasurer, commissioner or commissioners or col¬ 
lector, or other person on his or their behalf, shall vio- 
late any of the provisions of this section, he shall, ena 
upon conviction thereof, before any court having copi- 
* potent jurisdiction, pay a fine of one hundred dollars, 
for the use of the commonwealth, and shall moreover 
be forthwith removed from office, and the vacancy 
thereby occasioned in either of said offices shall be 
filled or supplied as in other cases of vacancies in such 
office.—Act 27 May, 1841, § 8, P. L 402. 

70. If any person elected to serve as inspector or Penalty on in¬ 
judge as aforesaid, and having received due notice ^gesloTneg- 
thereof, shall neglect, or without good cause refuse to Acting to attend 
attend on the day of election at the time appointed by on da y of elec * 
law, he shall in every such case forfeit the sum of tlon ‘ 
twenty dollars.—Act 2 July, 1839, § 99, F. L. 541. 

(a) Query, whether this section and §§ 84 and 8 6,post, be not sup¬ 
plied by the 15th sec. act 13 June, 1840. Post , sec. 90. 




108 


DIGEST OF GENERAL 


[Chap. IV. 


Penalty on in- 77. If any inspector, judge or clerk, as aforesaid, 
specters, judges shall neglect or refuse to take upon himself the duties 
refnsing k or f ne- of sucllL he shall forfeit and pay the sum of fifty 

giecting to per- dollars, or having entered upon the same, shall after- 
fon>: their du- wards neglect or refuse to perform the duties thereof 
according to law, he shall forfeit and/ pay the sum of 
one hundred dollars for every such offence.— Ibid.,$ 100. 
Penalty on offi- 78 * If au y inspector, judge or clerk of an election 
cers for acting shall presume to act in such capacity before taking 
without being and subscribing the oath required by this act, he shall 
qualified. on conv j c ti on fi ne d in any sum not less than fifty 
nor more than two hundred dollars.— Ibid ., § 101. 
Frauds of in 79. ^ an y i ns P ec t° r > judge or clerk, (a) as aforesaid, 
spectors?judges shall be convicted of any wilful fraud in the discharge 
and clerks, how of his duties, as aforesaid, he shall undergo an impri- 
pumshed. sonment for any term not less than three nor more than 
twelve months, and be fined in any sum not less than 
one hundred dollars nor more than five hundred dol¬ 
lars, and shall be for seven years thereafter disabled 
from holding any office of honor, trust or profit in this 
commonwealth, and shall moreover be disabled for the 
term aforesaid from giving his vote at any general or 
special election within this commonwealth.— Act 2 
July, 1839, § 102, P. L. 542. 

Penalty on offi- 80. If any inspector or judge of an election shall, 
cers for reject- knowingly, reject the vote of any qualified citizen, or 
qualified 8 e°iec- knowingly receive the vote of any person not qualified, 
tors, &c. or conceal from his fellow officers any fact on the know¬ 
ledge of which such vote should by law be received or 
rejected, each of the persons so offending shall, on con¬ 
viction, be punished in the manner prescribed in the 
one hundred and seventh section of this act.— Ibid., 

§ 103. 


Penalty for re- 81. If any such inspector or judge shall receive the 
ceiving certain vote of any person whose name shall not be returned 
proof Wlth ° Ut 011 ^ ie hst furnished by the commissioners or assessor, 
without first requiring the evidence directed in this 
act, the person so offending shall, on conviction, be 
fined in any sum not less than fifty nor more than two 
hundred dollars.— Ibid., § 104. 

82. If any judge of an election, inspector, clerk or 
other person, before the poll shall be closed, shall un¬ 
fold, open or pry into any ticket, with a design to 
discover the name of any candidate therein, every 
person so offending shall, on conviction, be fined in 


Penalty for 
prying into 
tickets. 


(a) The inspectors, judges and clerks cannot'be joined in the same 
indictment, when the offences are different, and the duties distinct 
and separate.—2d Par. 480. An action cannot be maintained against 
an inspector for refusing a vote, unless on proof of malice.—LI S. & R., 
35. 2 Cranch, C. C., 44. 40 Eng. L. & Eq. 89. 



ELECTION LA.WS. 


109 


/ Chap. IV.] 

any sum not less than fifty nor more than one hun¬ 
dred dollars, and imprisoned for any time not less 
than one nor more than three months.— Ibid., § 105. 

83. If any person shall embezzle or unlawfully de- Penalty for de¬ 
face, alter, change, substitute or dest roy any ticket, list facing tickets or 
of voters, tally paper or certificate taken or made at any electlon Pre¬ 
election as aforesaid, he shall, on conviction, suffer 
imprisonment for a term not less than twelve months 

nor more than three years, at the discretion of the 
court, and be fined in any sum not than less one hun¬ 
dred nor more than one thousand dollars.— Ibid., § 106. 

84. If the commissioners of any county shall add, Penalty on com- 
or knowingly permit to be added, the name of any per- missioned for 
son to the list of taxable inhabitants furnished them toK^of^xa- 
by the assessor, and shall return such name to the bies. 
inspectors of election, each commissioner concerned 

therein shall, on conviction thereof, be fined in any 
sum not less than fifty nor more than two hundred 
dollars, (a) — Ibid., § 107. 

85. If any assessor shall intentionally neglect or re- penalty on as- 
fuse to assess any citizen of this commonwealth, who sessors for ne- 
is or shall be subject to assessment bylaw, or shall in sessand return 
like manner neglect or refuse to return the name of citizens. 

the person so assessed to the commissioners of the 
proper county, or intentionally neglect or refuse to 
perform any other duty enjoined on him by the pro¬ 
visions of this act, he shall, on conviction thereof, be 
fined in any sum not less than fifty nor more than two 
hundred dollars.— Ibid., § 108. 

86. If the commissioners of any county shall neglect penalty on 
or refuse to furnish the inspectors of each election dis- commissioners 
trict within the said county the lists, papers and boxes [^furnishtn 8 
required by the sixtieth section of this act, each com- spectors with 
mission er shall be subject to a penalty of fifty dollars. lists > boxes, &e. 
(b)— Act 2 July, 1839, § 109, P. L. 543. 

87. If any person shall prevent or attempt to pre- p ena ity for ob- 
vent any officer of an election under this act from structing offi- 
holding such election, or use or threaten any violence j^ g of elec ' 
to any such officer, or shall interrupt or improperly 
interfere with him in the execution of his duty, or shall 

block up or attempt to block up the window or avenue For blocking up 
to any window where the same may be holden, or shall windows, 
riotously disturb the peace at such election, or shall For disturbing 
use of practice any intimidation, threats, force or vio- peace * 
lence, with design (c) to influence unduly or overawe ^ r le ^ ats of 

(a) See note to see. 74, ante. 

(&) See note to sec. 74, ante. 

(c) To constitute this offence, there must*be a preconceived inten¬ 
tion to intimidate the officers, or interrupt the election.—3 Y. 429, 4 D. 

253. 


I 



110 


DIGEST OF GENERAL 


When offender 
not a resident, 
additional pen¬ 
alty. 


Penalty for vo¬ 
ting fraudu¬ 
lently. 


For voting 
more than 
once, or two 
tickets. 


Penalty on per¬ 
sons not quali¬ 
fied for interfer¬ 
ing at elections. 


Penalty for 

swearing 

falsely. 


[Chap. IV. 

any elector, or to prevent him from voting, or to re¬ 
strain the freedom of choice, such person, on convic¬ 
tion, shall be fined in any sum not exceeding five 
hundred dollars, and be imprisoned for any time not 
less than one nor more than twelve months; and if it 
shall be shown to the court where the trial of such 
offence shall be had that the person so offending was 
not a resident of the city, ward, district or township 
where the said offence was committed, and not enti¬ 
tled to vote therein, then, on conviction, he shall be 
sentenced to pay a fine of not less than one hundred 
nor more than one thousand dollars, and be imprison¬ 
ed not less than six months nor more than two years.— 
Ibid,, § 110. 

88. If any person not by law qualified, shall fraudu¬ 
lently vote at any election within this commonwealth, 
or being otherwise qualified, shall vote out of his pro¬ 
per district; or if any person, knowing the want of 
such qualification, shall aid or procure such person to 
vote, the person or persons so offending shall, on con¬ 
viction, be fined in any sum not exceeding two hun¬ 
dred dollars, and be imprisoned for any term not ex¬ 
ceeding three months.—Act 2 July, 1839, § 119, P. 
L. 545. 

89. If any person shall vote at more than one elec¬ 
tion district, or otherwise fraudulently vote more than 
once on the same day, or shall fraudulently fold and 
deliver to the inspector two tickets together, with the 
intent to illegally vote, or shall vote the same; or if 
any person shall advise and procure another so to do, 
he or they so offending shall, on conviction, be fined 
in any sum not less than fifty nor more than five hun¬ 
dred dollars, and be imprisoned for any term not less 
than three nor more than twelve months.— Ibid., % 
120 . 

90. If any person not qualified to vote in this com¬ 
monwealth agreeably to law, (except the sons of quali¬ 
fied citizens,) shall appear at any place of election for 
the purpose of issuing tickets, or of influencing (a) 
the citizens qualified to vote, he shall, on conviction, 
forfeit and pay any sum not exceeding one hundred 
dollars for every such offence, and be imprisoned for 
any term not exceeding three months.—Act 2 July, 
1839, § 121, P. L. 54G. 

91. If any person shall wilfully and corruptly make, 
or procure any person to make falsely an oath or affir¬ 
mation required or authorized by this act, such per- 


(a) It is not necessary, to complete the offence, that the party should 
have succeeded in his endeavors to induce others to vote.—3 Y. 65. 




Chap. IV.] 


ELECTION LA.W8. 


Ill 


son sliall suffer sueli penalties and disabilities as are 
incurred on conviction of wilful and corrupt perjury 
or subornation of perjury.— Ibid ., § 124. 

92. If any person shall knowingly publish, utter, or For uttering 
make use of any forged or false receipt or certificate, forged receipt* 
with intent to impose the same upon or deceive any or certificates, 
inspector or judge at any election as aforesaid, such 

person shall, on conviction, be fined in any sum not 
less than fifty nor more than five hundred dollars, and 
sutler imprisonment not less than six months nor more 
than two years.— Ibid., § 125. 

93. If any prothonotary or sheriff shall neglect or Penalty on pro _ 

refuse to perform any of the duties hereinbefore en- thonotary and 
joined upon him, or shall wilfully misbehave in the fo t r h gf r " 
doing thereof, he shall, on conviction thereof, be fined duty. m8 * 1 

in any sum not less than one hundred nor exceeding 

five hundred dollars, and shall suffer imprisonment 
for a term not exceeding twelve months.— Ibid., % 126. 

94. If any justice of the peace shall refuse to receive 

any ballot box delivered to him, as is hereinbefore pro- ^ce foJnegiect- 
vided, or having received the same, shall neglect the mg to receive 
safe keeping thereof, he shall, on conviction of any baii^fbS eping 
such refusal or neglect, be fined in any sum not less a ° 
than one hundred nor more than one thousand dol¬ 
lars.—!^?., § 127. 

95. Every specific fine or forfeiture, imposed by this how fines and 
act, may be recovered by action of debt, in the name forfeitures to 
of the commonwealth, as debts of like amount are by be recoverec • 
law recoverable, or by indictment in the court of quar¬ 
ter sessions of the proper county; and where the fine 

and forfeiture is not specific, the proceeding shall be 
by indictment in the quarter sessions of the proper 
county: Provided , That all such suits ahd prosecu- Limitationof 
t ions shall be instituted within one year next after the suits/ 
cause thereof shall accrue, unless otherwise herein pro¬ 
vided.— Ibid., § 128. 

96. If any officer or officers, required to perform any Neglect or re¬ 
duty by the provisions of this act, (a) shall neglect or officers 

refuse to perform the same, he or they so offending punished. °* 
shall be considered and adjudged guilty of a misde¬ 
meanor in office, and shall, on conviction, be fined in 

any sum not less than twenty .nor more than two hun¬ 
dred dollars; and where the duties required of any 
officer herein named, are the same as those required 
by the provisions of the act to which this is a supple¬ 
ment, the penalties inflicted by said act, for violation 
of such duty, be and the same are hereby extended 


(a) Infra, §§ 8, 11, 12, 13, 14, 23, 29, 58, 271. 



DIGEST OF GENERAL [Cliap. IV. 

to the duty herein required.—Act 13 June, 1840, § 15, 
P. L. 688. 

M. Wagers on Elections. 

97. That wagering or betting on the event of an 
election, held under the constitution or laws of the 
United States, or the constitution or laws of this com¬ 
monwealth, are hereby prohibited, and all contracts or 
promises founded thereon are declared to be entirely 
null and void, (a )—Act 24 March, 1817, § 1, P. L. 204. 

98. That if any person shall, after the first day of 
August next, lay any wager or bet, or make any 
promise or engagement for the payment of money or 
the transfer of any other valuable thing dependent 
on the event of any such election as aforesaid, or on the 
success of any candidate or candidates nominated for 
public office, he shall, on conviction thereof in any 
court of quarter sessions, or other court having similar 
jurisdiction, be adjudged guilty of a misdemeanor, 
and shall be fined in any sum not exceeding the whole 
amount of the sum betted by all the parties to the 
wager, nor less sum than twenty dollars: Provided , 
That such prosecution shall be commenced within six 
months after the offence shall have been committed. 
—Ibid., % 2. 

99. If any person or persons shall make any bet or 
wager upon the result of any election within this com¬ 
monwealth, or shall offer to make such bet or wager, 
either by verbal proclamation thereof, or by any writ¬ 
ten or printed advertisement, challenge or invite any 
person or persons to make such bet or wager, upon 
conviction thereof he or they shall forfeit and pay 
three times the amount so bet or offered to be bet. (b) 
—Act 2 July, 1839, § 115, P. L. 544. 

Duty of certain 100- It shall be the duty of every judge, sheriff, 
officers to prose- mayor, alderman, justice of the peace, or constable, 
a^in°sfii5th S knowin g of any person having offended against the 
section. J provisions of the one hundred and fifteenth section of 
this act, to commence proceedings against the person 

(a) The act was intended to avoid all bets paid or unpaid, and to 
suppress anything connected with the subject; it cannot, therefore, be 
eluded by an appended agreement which would give to an actual wager 
the similitude of something else.—7 W. 343. Nor can ingenuity in¬ 
vent any mode of evidencing such a contract, so that it can be enforced 
by law.—7 W. 294. And money deposited in the hands of a stake¬ 
holder cannot be recovered back.—3 W. & S. 405; 3 P. L. J. 388. Bht 
if paid to the winner, a creditor of the loser cannot recover it back by 
attachment.—6 W. & S. 485. Money lent in New Jersey, to be bet on 
the presidential election, may be recovered in Pennsylvania, in the ab¬ 
sence of any proof that betting on elections is against the law of New 
Jersey.—2 H. 18. 

(&) For form of indictment, see 8 W. 212. 


112 


Prohibited. 


Penalty. 


Bets on elec¬ 
tions. 


Penalty for 
making or 
offering. 





ELECTION LAWS. 


113 


Chap. IV.] 

so offending; and it shall be the duty of the grand 
juries of the respective counties within this common¬ 
wealth to make a presentment of all such offences 
coming within their knowledge.— Ibid § 116. 

101. It shall be the duty of the inspectors and judge Votes of 
of the election to reject the votes of all persons who sons haying 
they or any of them shall know, or who shall be proven “^fcernecUn 118 
before them to have made, or who are in any manner bets tobere¬ 
interested in any bet or wager on the result of said jected. 
election; and on the request of any qualified elector, 

said inspectors and judge shall receive proof to show 
the person so offering to vote has or has not made any 
such bet or wager, or is or is not interested therein.— 

Ibid., § 117. 

102. It shall be the duty of the several constituted Duties of direc- 
authorities having care and charge of the poor in the tors °* the 
respective counties, districts and townships of this poor ’ c ‘ 
commonwealth, knowing or being informed under 

oath, of any person or persons having made any bet 
or wager of any land, goods, money or thing of value, 
on the result of any election within this common- ' 
wealth, or deposited the same in the hands of any per¬ 
son within their respective counties, districts or town¬ 
ships, to briug suit in the name of the commonwealth To sue for bets 
of Pennsylvania, for the use of the poor of such P endin g- 
county, district or township against such depositee or An ^ recover for 
stakeholder, where said bet is deposited in the hands the use of poor, 
of a third person, or against the party winning said 
bet, when the same is not so deposited, for the re¬ 
covery of the amount so bet; and if on the trial it 
shall be made appear that said lands, goods, money, 
or thing of value was bet on the result of any election 
within this commonwealth, said guardians, directors 
or overseers of the poor shall be entitled to recover 
the amount or value thereof for the use of the poor 
from said stakeholder, or person winning said bet, 
where there is no stakeholder: Provided , Said suit is Limitation of 
brought within two years from the time of making suits, 
said bet («) and the stakeholder is hereby prohibited 
during said time to pay over the amount so bet to 
either of the parties, and shall be liable for the same 
whether such bet is paid over or delivered to the par¬ 
ties or either of them, or not, and the party winning 
shall in like manner be liable to the payment of the 
whole amount so bet, where the same is received by 

(a) On a deposit being made, to secure a bet on an election, the mo¬ 
ney eo instanti , vests in "the guardians of the poor; and their omission 
to sue for it within the time limited by the statute, does.not give to 
either of the wagering parties the right to recover any portion of the 
sum deposited.—3 P. L. J. 388. 

8 



114 


DIGEST OF GENERAL 


To be recovered 
as other debts. 

Penalty on di¬ 
rectors, &c., for 
neglecting to 
bring suits. 


Place of elect* 
ing inspectors 
and township 
officers may be 
changed. 


Mode of. 


Proceeding. 


[Chap. IV. 

him; and said bet, or the value thereof, may be re¬ 
covered as debts of like amount are by law recovera¬ 
ble ; and if said guardians, directors or overseers of 
the poor shall neglect or refuse to bring such suit, 
they shall be guilty of a misdemeanor in office, and 
on conviction shall be fined iD any sum not less than 
the amount so bet nor more than double the amount.— 
Act 2 July, 1839, § 118, P. L. 545. 

N. Courts Authorized to change Election Dis¬ 
tricts and fix Places of Election, (a) 

103. It shall be lawful for the electors of any town¬ 
ship, ward or district to change the place for holding 
the elections for inspectors, and other officers of such 
township, ward or district, in the manner following, 
to wit: (b) 

I. On the petition in writing of at least thirty of 
the electors of the township, ward or district, in case 
there are one hundred or more taxables in said town¬ 
ship, ward or district, or of ten electors in case there 
are less than one hundred taxables in said township, 
ward or district, the constable shall give notice by at 
least ten printed or written handbills, set up in the 
most public places within such township, ward or dis¬ 
trict, at least fifteen days before the time appointed 
for the purpose, that a meeting of the electors of the 
township, ward or district, as the case may be, will 
be held at the usual place of holding elections therein, 
at a certain day and hour to be appointed in such 
notice, for the purpose of determining upon the expe¬ 
diency of changing the place of holding such elections. 

IT. If at least fifty electors of said ward, district or 
township, provided there be one hundred or more elec¬ 
tors in said township, ward or district, or twenty elec¬ 
tors of said township, ward or district, provided there 
be less than one hundred electors in said township, 
ward or district, be present at the time appointed, the 
constable shall organize the meeting; and if at such 
meeting a majority of the electors present shall de¬ 
termine by ballot that it is expedient to change the 
place of holding such election, two certificates thereof 
and of the names of the qualified citizens voting at 
such meeting, shall be made out and signed by the 


(а) Upon the division of an election district, the functions of the 
election officers are destroyed, and cannot be exercised in either of the 
new election districts into which the old one is divided. The official 
functions of local officers fall with the political annihilation of the lo¬ 
cality for which they were chosen or appointed.—Penn, district elec¬ 
tion case, 1 Wh. Dig". 704, § 11; 3 S. & R. 121. 

(б) Modified post, § 104. 



ELECTION LAWS. 


115 


Chap. IV.] 

officers of the meeting, and attested by the constable, 
one of which shall be delivered by the constable to the 
town clerk, if there be one, and the other to the pro- 
thonotary of the court of common pleas of the county, 
to be tiled in his office.—Act 2 July, 1839, § 56, P. L. 

530. 

104. That upon the petition of one-third of the quali- Place for hold- 
lied voters of any election district of this common- in £ elections 
wealth, presented to the court of quarter sessions of re s ulated * 
the proper city or county for the purpose, it shall be 

lawful for such court to order an election in such elec¬ 
tion district upon the question of the location or change 
of the place of holding the general, special and town¬ 
ship elections for such district, subject to all the pro¬ 
visions, not inconsistent herewith, of the fifty-sixth 
section of the act of the second of July, Anno Domini 
one thousand eight hundred and thirty-nine, entitled 
“ An Act relating to the elections of this common¬ 
wealth f and that the elections directed by said sec¬ 
tion shall be conducted by the officers of the last pre¬ 
ceding general election, who shall conduct the same 
in the same manner in which the general elections are 
by law required to be held and conducted, with the 
same penalties and punishments for frauds or miscon¬ 
duct in officers, persons offering to vote or others, as 
is prescribed by said act and its supplements; and in 
case of the absence or inability of any such officer to 
serve, the vacancy or vacancies shall be filled in the 
same manner described by said acts.—Act 20 April, 

1854, § 1, P. L. 419. 

105. That the courts of quarter sessions shall have Authority to 
authority within their respective counties to divide courts of quar- 
any borough, ward or township into two or more elec- ter sessions * 
tion districts, to alter the bounds of any election dis¬ 
trict, or to form an election district out of parts of two 

or more adjoining townships, so as to suit the conve¬ 
nience of the inhabitants thereof, and to fix the place 
of holding elections and appoint the election officers, 
pursuant to the provisions of section second of this act: 

Provided , That no district so formed shall contain less 
than one hundred voters; and the proceedings had in 
the case of such division or alteration shall be the same 
as in the erection or alteration of the lines of town¬ 
ships. (a) — Ibid., § 2. 

106. That in all cases in which new townships, bor- Courts to fix 
oughs or election districts shall be erected, or the ^nVof’dis 1 
bounds of any election district changed, under the trictsT ° 


(a) Act 15 April, 1334, §§13 and 14, P. L. 539. 



116 


DIGEST OF GENERAL 


[Chap. IV 


provisions of the act to which this is a supplement, 
me court ot quarter sessions erecting or changing the 
same shall fix the places for holding the elections, 
which shall continue to he the place for holding elec¬ 
tions until the same shall be changed according to the 
provisions of said act; and the said courts shall also 
appoint the officers for holding the first election in 
any township, borough or election district so erected.— 
Act 31 January, 1855, § 1, P. L. 5. 

How returns to 107. That the judge, inspectors and clerks of each 
be made. election district of any borough, ward or township in 
the counties of this commonwealth, which shall have 
been divided by the court into separate election dis¬ 
tricts under the provisions of the act of April twen¬ 
tieth, one thousand eight hundred and fifty-four, shall 
make out a complete return of all the votes given at 
any borough, ward or township election,designating the 
number of votes each person received ; and the judge 
and inspectors shall appoint one of their number for 
return judge, to meet the other return judge or judges 
of the said borough, ward or township in said county, 
at the oldest election place, on the third day after any 
borough, ward or township election, and then add to¬ 
gether the number of votes given for each person 
voted for, and make out the returns as the nature of 
the election may require, complying in all respects 
with the provisions of existing election laws; and 
after the performance of said duties appoint one of 
their number, by consent or lot, to deliver the full re¬ 
turns to the court of quarter sessions of said county, 
in the same manner now provided by law for making 
township returns: Provided , The provisions of this 
act shall not affect, any existing election law relative 
to the city of Philadelphia, city of Pittsburg, and 
Erie.—Act 2 April, I860, § 1, P. L. G09. 

Courts author 168. cases in which any court of quarter 

ized to fix sessions of this commonwealth shall declare any bor- 
jfiaces for hold- ougli incorporated by said court a separate election 
mg elections, district, the said court shall fix the place for holding 
the general elections therein, and the same shall con¬ 
tinue to be the place for holding such elections, unless 
and until the same shall be changed in the manner 
provided by existing laws.—Act i7 April, 1866, § 1, 
P. L. 107. 


Courts ma; r 169. That whenever the place for holding the gene- 
change places ra l elections in any borough, township or other election 
for holding district, within this commonwealth, has been or shall, 
cert^ncases. ^y reason of the destruction of the building used there¬ 
for, or by the conversion of the same from a public to 


ELECTION LAWS. 


117 


Chap. IV.] 

a private use, be rendered unfit for holding such elec¬ 
tions, it shall be lawful for the proper court to fix a 
place for holding such elections, subject, however, to 
be changed, in the mode provided in and by the act 
entitled “An Act in relation to establishing and chang¬ 
ing the place for holding general elections throughout 
the commonwealth,” approved the twentieth day of 
April, one thousand eight hundred and fifty-four.— 

Ibid., § 2. 

110. That the second section of the act approved Extended to 
the seventeenth day of April, one thousand eight hun- other cases! 
•dred and sixty-six, entitled “A supplement to an act 
entitled 1 An Act regulating boroughs,’ approved the 
third day of April, one thousand eight hundred and 
fifty-one,” to authorize the courts to change the places 
for holding general elections, be and the same is here¬ 
by construed and made to apply to every case in which 
the general elections are held in a private house, where 
the owner and occupier of said house unite in the ap~ 
plication to the court for changing the place of hold¬ 
ing said elections.—Act 15 April, 1867, § 1, P. L. 86. 


II. PARTICULAR ELECTIONS. 


A. PRESIDENTIAL ELECTORS. 

111. That the election for electors of President and Tiine for hokl 
Vice President of the United States shall, in the year ingthe election 
of our Lord one thousand eight hundred and forty- for president, 
eight, and every fourth year thereafter, be held on the 
Tuesday next after the first Monday in November.— 

Act 11 April, 1848, § 1 P. L. 512. 

112. Every year in which the citizens of this com- D Uty Q f asses- 
monwealth shall vote for electors of President and Vice sorl 
President of the United States, the assessor of the 

several wards, townships, incorporated districts and 
boroughs within this commonwealth, except within 
the city and county of Philadelphia, shall, at all rea¬ 
sonable times after the second Tuesday in October in 
said years, and until within ten days of the time fixed 
by law for the election of electors of President and 
Vice President of the United States, on the personal 
application of auy white freeman claiming to be as- 



118 


DIGEST OF GENERAL 


[Chap. IV. 


Compensation 
of assessors. 


Time of elect¬ 
ing electors of 
President and 
Vice President. 


Notice of elec¬ 
tion to be 
given. 


Kind and con¬ 
tents of tickets. 


sessed within their proper ward, township, incorpora¬ 
ted district or borough, or claiming aright to vote there¬ 
in, as being between the age of twenty-one and twen¬ 
ty-two years, and having resided in this coinmon- 
weatlh one year, enter the name of such person on the 
list of taxable inhabitants; and said assessors shall, at 
least eight days previous to the day fixed for the elec¬ 
tion of said electors, make out duplicate copies of the 
name or names so entered, and after certifying and 
signing the same, shall deliver one copy to the com¬ 
missioners of their respective counties, to be filed by 
said commissioners in their respective offices, and the 
other copy said assessors shall hold and hand over, with¬ 
out alteration or addition, to one of the inspectors of 
the proper election district, on or before eight o’clock 
on the morning of the day fixed for the election of said 
electors.— Ibid, § 2. 

113. The respective assessors shall be paid for the 
various duties required by this act the same compen¬ 
sation, to be fixed in the same way, as is allowed and 
fixed by the twelfth section of the act, passed the thir¬ 
teenth day of June, in the year of our Lord one thou¬ 
sand eight hundred and forty, entitled “A supplement 
to an act, entitled ‘An Act relating to the elections of 
this commonwealth.’ ” (a) — Ibid , § 3. 

114. The citizens of this commonwealth, qualified 
as is herein provided, shall, at their several places of 
election, on the fifth Friday preeeeding the first Wed¬ 
nesday in December, in the year one thousand eight 
hundred and forty, and on the same Friday in every 
fourth year thereafter, (b) elect a sufficient number of 
persons to be electors of a President and Vice Presi¬ 
dent of the United States —Act 2 July, 1839, § 26, P. 
L. 524. 

115. It shall be the duty of the sheriff of the re¬ 
spective counties to give like notice of such election 
as is hereinbefore required of the election of members 
of the general assembly.— Ibid, § 27. 

116. At every such election every qualified citizen 
shall be entitled to vote, by delivering to the proper 
officer a written or printed ticket, containing the names 
of a number of persons equal to the whole number of 
senators and representatives to which this state may 
be entitled in the Congress of the UnitedStates Ibid,— 
§ 28. 

(a) Ante , § 15. 

(b) Time changed to “ the Tuesday next after the first Mondav in 
November of the year in which they are appointed/’ Act of Congress, 
23 January, 1845, § 1.— Ante, chap. I, page 14. 


ELECTION LAWS. 


Ill) 


Chap. IV.] 

117. It shall be the duty of the secretary of the com- Governor to 
monwealth, on receiving the returns of the election of makeprociama- 
electors, as hereinafter directed, to lay them before the nmesVf^iec- 
governor, who shall enumerate and ascertain the num- tors eie^ei 
ber of votes given for each person so voted for, and 

shall thereupon declare, by proclamation, the names 

of the persons duly elected, and shall cause a notifi- Notice to elec- 

cation of his election to be delivered to each person tors * 

so chosen, on or before the last Wednesday in the 

month of November next after such election.— Ibid , 

§ 29, P. L. 525. 

118. Thp electors chosen, as aforesaid, shall assem- Assembling of 
ble at the seat of government of this commonwealth, electors. 

at twelve o’clock of the day which is, or may be, di¬ 
rected by the Congress of the United States, and shall 
then and there perforin the duties enjoined upon them Their duties, 
by the constitution and laws of the United States.— 

Ibid,, § 30. 

119. If any such elector shall die, or from any cause vacancies in 

fail to attend at the seat of government, at the time the college of 
appointed by law, the electors present shall proceed how 

to choose, viva voce , a person to fill the vacancy occa- supp 16 ' 
sioned thereby, and immediately after such choice, 

the name of the person so chosen shall be transmitted 
by the presiding officer of the college to the governor, 
whose duty it shall be forthwith to cause notice in 
writing to be given to such person of his election; 
and the person so elected (and not the person in whose 
place he shall have been chosen) shall be an elector, 
and shall, with the other electors, perform the duties 
enjoined on them, as aforesaid— Ibid., § 31. 

120. Every elector aforesaid shall receive from the p ay of electors 
state treasury the sum of three dollars for every day and incidental 
spent in traveling to, remaining at, and returning from coKege? S ° f 
the place of meeting aforesaid. And the contingent 
expenses of the electoral college, not exceeding fifty 

dollars in amount, shall likewise be paid by the state 
treasurer in both cases, upon warrants drawn by the 
presiding officer of the college.-— Ibid., § 32. 

121. In the event of an election of President and proceedings if 

Vice President taking place at any other period than election of 
that mentioned in this act, the election of electors ^ouid^ake C ’’ 
shall, in all respects, be held, conducted and conclu- place at any 
ded, as hereinbefore provided.— Ibid,, § 33. other P eriod - 


120 


DIGEST OF GENERAL 


Nomination U. 
S senator, rela¬ 
tive to. 


Election of U. 

S senator, rela¬ 
tive to. 


[Obap. IV. 

B. United States Senators, (a) 

122. That each house of the legislature shall ap¬ 
point one teller, and nominate at least one person to 
till the office of senator, to represent this state in the 
Senate of the United States, and at least two days 
previous to the joint meeting hereinafter mentioned, 
communicate to the other house the names of the per¬ 
sons so appointed and nominated.—Act 11 January, 
1867, § 1, P. L. 18. 

123. At the hour of three P. M., on the.second Tues¬ 
day after the meeting and organization of the legis¬ 
lature which shall be chosen next preceding the expi¬ 
ration of the time for which any senator was elected 
to represent this state in Congress, to wit: On the 
third Tuesday of January, if the legislature shall 
have organized previous to the second Tuesday ; but 
if not so organized, then on the second Tuesday after 
the organization thereof, not counting the day on 
which the legislature was organized, each house shall 
openly, by a viva voce vote of each member present, 
name one person for senator in Congress from this 
state; and the name of the person so voted for, who 
shall have a majority of the whole number of votes 
cast in each house, shall be entered on the journal of 
each house by the clerk thereof; but if either house 
shall fail to give such majority to any person on said 
day, that fact shall be entered on the journal; at 
twelve o’clock, meridian, of the day following that 
on which proceedings are required to take place, as 
aforesaid, the members of the two houses shall con¬ 
vene in joint assembly, and the journal of each house 
shall then be read, and if the same person shall have 
received a majority of all the votes in each house, such 
person shall be declared duly elected senator, to repre¬ 
sent this state in the Congress of the United State?; 
but if the same person shall not have received a ma¬ 
jority of the votes in each house, or if either house 
shall have failed to take proceedings, as required by 
this act, the joint assembly shall then proceed to choose, 
by a viva voce vote of each member present, a person 
for the purpose aforesaid; and the person having a 
majority of all the votes of the said joint assembly, 
a majority of all the members elected to both houses 
being present and voting, shall be declared duly elect¬ 
ed ; and in case no person shall receive such majority 
on the first day, the joint assembly shall meet at twelve 
o’clock, meridian, of each succeeding day during the 

(a) For other regulations for election of U. S. senators, see act of 
Congress, 25 July, 1856.— Ante, chap. I, pages 17, 18. 



ELECTION LAWS. 


121 


Chap. IV.] 


session of the legislature, and take at least one vote, 
until a senator shall he elected.— Ibid., § 2, P. L. 19. 

124. Whenever on the meeting of the legislature a Vacan how 
vacancy shall exist in the representation of this state, filled. 

in the Senate of the United States, the legislature shall 
proceed on the second Tuesday after the commence¬ 
ment and organization of its session, to elect a person 
to fill such vacancy, in the manner hereinbefore pro¬ 
vided for the election of a senator for a full term; and 
if a vacancy shall happen during the session of the 
legislature, then on the second Tuesday after the leg¬ 
islature shall have notice of such vacancy.— Ibid., § 3. 

125. When the election shall be closed as aforesaid, 

the president of the convention shall announce the convention to 
person who shall have received a majority of votes announce per- 
aforesaid, to be duly elected a senator to represent this son elected - 
state in the Senate of the United States ; and he shall, 
in the presence of the members of both houses, sign 
four several certificates of the-election, attested by the elation!* 6 of 
tellers, one of which certificates shall be transmitted, 
by the president of the convention, to the governor of 
this commonwealth, one to the person so elected, and 
the remaining two shall be preserved among the re¬ 
cords and entered at length on the journals of each 
house.— Ibid., § 4. 

126. It shall be the duty of the governor, immedi- Duty of gov- 
ately after receiving the certificate of the election of emor. 
any senator, to certify his election under the seal of 

the state, which certificate shall be countersigned by 
the secretary of state.— Ibid., § 5. 

0. Members of Congress, ( a ) 

127. The election of representatives of the people of Time of eiect- 
this commonwealth in the Congress of the United members of 
States, shall take place on the second Tuesday in Oc- Gon g ress - 
tober, (b) in the year one thousand eight hundred and 

forty, and on the second Tuesday in October, in every 
second year thereafter, at the places appointed by law 
for holding the general elections.—Act 2 July, 1839, 

§ 23, P. L. 524. 

128. It shall be the duty of the sheriffs of the several Notice of eiec- 
counties to give notice of such election in the manner tiontobegiven. 
hereinbefore required in the case of the general elec¬ 
tions. ( c )— Ibid., § 24. 

(а) Act of Congress, 14 July, 1862.— Ante, chap. I, page 15. 

(б) On the Tuesday next after the first Monday in November, 1876, 
and thereafter.— Ante, 50, § 3. 

(c) For the present division of the state into congressional districts, 
and the places of meeting of the return judges, see act 10 April, 1862, 

P. L. 407. 



122 


DIGEST OF GENERAL 


Governor to 
make proclama¬ 
tion of names 
of persons 
elected. 


Returns to be 
transmitted to 
Congress. 


Election of 
judges of the 
supreme court 
and president 
and associate 
judges. 


Election of 
president and 
associate 
judges. 


Judges of the 
supreme court 
and president 
judges to be 
learned in the 
law. 


Mode of con¬ 
ducting elec¬ 
tions. 


[Chap. IV. 

129. It shall be the duty of the governor, on the re- 
■ ceipt of the returns of the election of members of the 
House of Representatives of the United States, as 
aforesaid, by the secretary of the commonwealth, to 
declare by proclamation the names of the persons so 
returned as elected in the respective districts; and lie 
shall also, as soon as conveniently may be thereafter, 
transmit the returns so made to the House of Repre¬ 
sentatives of the United States.— Ibid, § 25. 

D. Judges of the Courts. 

1 . 10 . That the qualified electors of each of the several 
counties of this commonwealth shall, at the next gen¬ 
eral election, at the times and places of electing rep¬ 
resentatives, and whenever it shall thereafter become 
necessary for an election under this act, and under the 
constitution of this commonwealth, vote for five per¬ 
sons at the first election, and at every election there¬ 
after as many as shall be necessary under the provi¬ 
sions hereof, to serve as judges of the supreme court 
of this commonwealth, one person to serve as president 
judge of the judicial district in which such county shall 
lie, and two persons to serve as associate judges of the 
several courts of such county, (a )—Act 15 April, 1851, 
§ 1, P. L. 648. 

131. That the qualified electors residing within the 
jurisdiction of any district court or other court of record 
now existing or hereafter to be created by law, shall 
at the next general election, and whenever thereafter 
the same shall be necessary, at the times aud places 
for holding such election within their respective elec¬ 
tion districts, vote for one person for president judge 
of such court, and as many persons for associate judges 
thereof as shall be required by law.— Ibid , § 2, P. L. 
649. 

132. That the judges of the supreme court and the 
president judges of all other courts of record, and the 
associate judges of the district court and the court of 
common pleas of the city and county of Philadelphia, 
and the district court of the county of Allegheny, 
shall be learned in the law, and all the aforesaid judges 
shall be qualified electors of this commonwealth, and 
shall be otherwise qualified as required by the second 
section of the fifth article of the constitution of this 
commonwealth.— Ibid , § 3. 

133. That the election forjudges shall be held and 
conducted in the several election districts in the same 

(«) No action will lie against a judge for what he does in that char¬ 
acter.—! Y. 443, 2 D. 160. 





ELECTION LAWS. 


123 


Chap. IV.] 


maimer in all respects as elections for representatives 
are or shall be held and conducted, and by the same 
judges, inspectors and other officers ; and the pro¬ 
visions of the act of the general assembly, entitled 
“An Act relating to the elections of this common¬ 
wealth,approved the second day of July, one thou¬ 
sand eight hundred and thirty-nine, and its several 
supplements, and all other like laws, as far as the 
same shall be in force and applicable, shall be deemed 
and taken to apply to the elections for judges : Pro¬ 
vided, That the aforesaid electors shall vote for judges 
of the supreme court on a separate piece of paper, and 
for all other judges required to be learned in the law 
on another separate piece of paper, (a) — Ibid., § 4. 

134. That at a meeting of the return judges of the Returns of 
several election districts in each county provided for election, 
by the act hereinbefore cited, duplicate returns of all 

the votes given in such county for judges of the 
supreme court, and all judges which the qualified 
voters of such county are entitled to elect of them¬ 
selves unconnected with any other county or district, 
shall be made out by the clerks of the board of return 
judges, one of which returns the president of said 
board shall forthwith lodge in the office of prothono- 
tary of the court of common pleas of such county, 
and the other he shall enclose in an envelope, which 
envelope he shall seal and direct to the secretary of 
the commonwealth, and place in the nearest jiost 
office.— Ibid., § 5. 

135. That in the case of the election of president Further pr0 vi- 
judge of any judicial district composed of two or more sions in case 
counties, at the meeting of the return judges in each J^ere d osed C of 
of such counties, the clerks aforesaid shall make out two or more 

a fair statement of all the votes which shall have been counties, 
given at such election, within the county, for every 
person voted for as such president judge, which shall 
be signed by said judges and attested by the clerks; 
and one of said judges shall take charge of such«state- 
ment and shall produce the same at a meeting of one 
judge from each of said counties, which meeting shall 
be held on the seventh day after the election at the 
court house of one of the counties, to be fixed by 
taking such counties alternately in their alphabetical 
order.— Ibid., § 6. ' 

136. That the judges of the several counties having General return 
so met shall cast up the several county returns and 

make a sufficient number of copies of a general return 
of all the votes given for such office in said district, 


(a) Changed, ante , § S6. 



124 DIGEST OF GENERAL [Chap. IV. 

all of which they shall certify, and one of which the^ 
shall lodge forthwith in the office of the prothonotary 
of the court of common pleas of each of said counties, 
and one of which they shall enclose, seal and direct to 
the secretary of the commonwealth in the manner pre¬ 
scribed by the fifth section of this act. (a)—Ibid, § 7. 
Board of return 137. That in the case of the election of any judge 
judges. of any court of record, now existing or hereafter to be 

created, having jurisdiction over territory lying within 
and not including all of any county, the return judges 
of the several election districts within such territory 
shall constitute a board of return judges with respect 
to such election, and shall, at the time and place of 
the meeting of the return judges of such county, pro- 
. ceed in all respects in relation to such election as is 
required of the county board in the sixth section here¬ 
of, except that they shall lodge one of the duplicate 
returns in the office of the clerk of said court instead 
of that of the prothonotary of the court of common 
pleas.—Act 15 April, 1851, § 8, P. L. 650. 

Secretary of the 138. That on the first Tuesday in November next 
toc^useThe 1 ^- following any election authorized"by this act the sec- 
turns of votes retary of the commonwealth shall, in the hall of the 
cast for judges House of Bepresentatives, in the presence of the gov- 
court e to S be reme ernor and such other citizens of this commonwealth as 
opened in the may choose to attend, cause the returns made to him 
1 ovemor °&c the under the provisions hereof to be opened, and the votes 
govemoi, < c. cag £ forjudges of the supreme court to be accurately 
computed; and the governor shall forthwith issue his 
proclamation declaring so many of the persons voted 
for forjudges of the supreme court as shall be required 
to be elected by this act, and who have received the 
greatest} number of votes, to be duly elected.— Ibid ., 
§ 9 . 

Commissions. 139. That as soon as practicable after the first Tues¬ 
day in November next following any election of 
judges, the governor shall grant the persons elected, 
respectively, commissions as now required by law, to 
hold their respective offices from and after the first 
Monday in December next following such election, 
for and during their respective terms of office, as pre¬ 
scribed and limited by the second section of the fifth 
article of the constitution of this commonwealth.— 
Ibid., § 11. 

How vacancies 140. That in the event of any vacancy occurring in 
mied. any judgeship in this commonwealth by death, resig¬ 

nation, removal from office, the failure to elect, or oth- 


(a) Ante, § 134. 



ELECTION LAWS. 


125 


Chap. IV.] 

erwise, the governor shall appoint some suitable per¬ 
son to fill such vacancy until the first Monday in 
December following the next general election, (a) and 
the qualified electors shall at the first general election 
which shall happen more than three calendar months 
after the vacancy shall occur, (a) elect, in the manner 
provided by the act of the fifteenth of April, one thou¬ 
sand eight hundred and fifty-one, entitled “An Act to 
provide for the election of judges of the several courts 
of this commonwealth, anil to regulate certain judi¬ 
cial districts,” a suitable person to fill such office for 
the full term authorized by the constitution of this 
commonwealth ; and so much of any law, as is hereby 
altered or supplied, be and the same is hereby re¬ 
pealed.—Act 27 April, 1852, § 1, P. L. 465. 

E. State Treasurer. 

141. The Senate and House of Representatives shall, Election, third 
at twelve o’clock meridian on the third (Monday) of Monday in 
January, (b) in the present and each succeeding year, Januai r- 
proceed to elect a state treasurer in the manner pro¬ 
vided by the act, entitled “An Act relating to elections 

of this commonwealth,” passed the second day of July, 

One thousand eight hundred and thirty-nine, for which 
purpose each branch of the legislature shall, on the 
same day, or on Saturday immediately preceding, ap¬ 
point a teller to act at said election; and that so much 
of any law as is hereby altered or supplied, be and 
the same is hereby repealed.—Res. 15 January, 1842, 

§ 1, P. L. 474. 

142. At the hour of twelve on the (said third Tues- Time and place 
day) in January, the Senate and House of Representa- of meeting of 
tives shall meet in convention in the chamber of the both houses - 
House of Representatives; the speaker of the Senate, 

or, in his absence, the speaker of the House of Repre¬ 
sentatives, shall preside, and in the absence of both, a President 
president pro tempore shall be appointed by joint vote. 

Act 2 July, 1839, § 167, P. L. 556. 

143. When the convention shall be organized as How election to 
aforesaid, the members present shall proceed to elect be made. 

a state treasurer viva voce; the names of the persons 
voted for, and of the members voting, shall be entered 
in writing by the tellers, who shall report to the presi¬ 
dent of the convention the number of votes given for 
each candidate, and the president of the convention 
shall thereupon declare the same.— Ibid., § 168. 

(a) See note (a), ante, chapter II, article V, page 56. 

(b) Changed to second Wednesday after first Tuesday in Jauuary 
in each year.—Act 16 March, 1864, § 1, P. L. 10. 



126 


DIGEST OF GENERAL 


[Chap. IV. 


Second poll. 


Adjournment. 


President to an¬ 
nounce name of 
persons elected. 


144. If neither of the candidates shall receive the 
votes of a majority of the members present, a second 
poll shall be taken, and so from time to time until 
some one of the candidates shall receive the votes of 
a majority of the members present.— Ibid ., § 169. 

145. If the election shall not be completed at the 
first meeting, the president shall adjourn the meeting 
to such time as a majority of the members then pre¬ 
sent shall determine, and so from time to time until 
some one of the candidates shall receive a majority of 
the votes, as aforesaid.— Ibid., § 170. 

146. When the election shall be closed, as aforesaid, 
the president of the convention shall announce the 
person who shall have received a majority of the votes, 
as aforesaid, to be duly elected state treasurer for the 
current year, and triplicate certificates shall be imme¬ 
diately made out and signed by the said president, 
and attested by the tellers, and the said tellers shall 
make report to their respective houses, which shall be 
entered at length upon their journals, and a certificate 
of such election shall be transmitted to the governor. 
Ibid,, % 171. 

147. When a vacancy in tbe office of state treasurer 
shall happen, by resignation or otherwise, the legisla¬ 
ture, if in session, shall, within five days after being 
informed of the same by the governor, proceed to sup¬ 
ply such vacancy by an election conducted in the 
manner hereinbefore prescribed.— Ibid ., § 172. 

148. In case no state treasurer is elected at the time 
fixed by law, the treasurer for the time being shall 
hold the office until a successor is appointed according 
to the provisions of this act; and the bond given by 
the treasurer and his securities shall be held valid and 
binding so long as he continues in office.—Act 2 July, 
1839, § 173, P. L. 557. 

149. The term of office of the state treasurer shall 
hereafter commence on the first Monday of May next 
succeeding his election, and shall continue for one 
year, or until his successor shall be duly qualified.— 
Act 28 March, 1848, § 1, P. L. 285. 

F. Auditor General and Surveyor General. 

150. That the qualified voters of this commonwealth 
auditor general shall choose by ballot one person to fill the office of 
and surveyor auditor general, and one person to fill the office of sur¬ 
veyor general, on the second Tuesday of October, 
Anno Domini one thousand eight hundred and fifty, 
and at their general election every third year there¬ 
after.—Act 9 April, 1850, § 1, P. L. 434. 


Certificates. 


Vacancies, how 
supplied. 


When treasurer 
may hold over. 


Term to com¬ 
mence on first 
Monday of 
May. 


Election of 


general. 


ELECTION LAWS. 


127 


Chap. IV.] 

151. That the auditor general and the surveyor gen- To be commis- 
eral, elected in pursuance of the first section of this sioned by the 
act, shall he commissioned by the governor of this s overnor - 
commonwealth, and shall assume the duties of their 
respective offices on the first Tuesday of May next 
ensuing their election, and shall possess all the powers 
granted, perform all the duties, and be subject to all 

the penalties imposed by the existing laws of this 
commonwealth relating to auditor general and sur¬ 
veyor general.— Ibid., § 2. 

152. That the general election laws now in force for Regulation of 
the choice of a governor of this commonwealth shall electlons ari . d 

o flow VclCclIlClCS 

regulate the elections of auditor general and surveyor filled, 
general; and in case any vacancy should occur in 
either of said offices, by death, resignation or other¬ 
wise, the same shall be filled by appointment of the 
governor; and the person so appointed shall continue 
in office until the end of the term for which his prede¬ 
cessor was elected.— Ibid., § 3. 

153. That in case of the death of any person elected How vacancies 
to the office of auditor general or surveyor general, tweenXv o/ 
between the day of his election and the first Tuesday election and 
of May next ensuing, such vacancy shall be filled by fi me for enter - 
the incumbent of the office at the time being, until lo g be fi?Li. uties 
his successor shall be regularly elected and qualified.— 

Act 1872, § 1, P. L. 32. 

154. That at the annual election next ensuing after Electors to 
the death of such person, so elected to the office of choose succes- 
auditor general or surveyor general, the qualified ^feiecUon 11 " 
voters of this commonwealth shall choose, by ballot, 

one person to fill such vacancy, who shall assume the when to enter 
duties of such office on the first day of December next upon duties, 
ensuing after said election, and hold said office for the 
term of the person deceased, which he was elected to Term, 
fill.— Ibid., § 2. 

155. Whenever an election to fill such vacancy shall Secretary of 
be held, it shall be the duty of the secretary of the com- to“^n n ^ e d llk 
monwealth, on the first Tuesday of November next count returns, 
ensuing after such election, in the presence of the gov¬ 
ernor, attorney general and auditor general, and such 

other citizens as desire to be present, to open and count 
said returns; and the governor shall, by proclamation, rn e °^° d8 ' 
declare the name of the person thus duly elected, which eiected!by n p r<.- 
returns shall be presented to the two houses of the ciamation. 
legislature, within ten days after the commencement Returns to be 
of the next ensuing session of the general assembly.— f e r ®?^‘®f e tothe 
Ibid, $ 3. 


128 


DIGEST OF GENERAL 


[Chap. IV. 


Election of dis¬ 
trict attorneys. 


Qualifications. 


Duties. 


Fees. 

Proviso. 


Eligibility. 


How returns to 
be made. 


Oath. 


G. District Attorney. 

156. That the qualified voters of the city of Phila¬ 
delphia, and of each and every county in the state, 
shall, at the general election on the second Tuesday 
of October next, and every three years thereafter, 
elect one person learned in the law, who has been (tw T o 
years) (a) admitted to the bar, and who shall have re¬ 
sided in the county for which he is elected for one 
year next preceding his election, who shall be called 
the district attorney of said county; and the officer 
so elected shall sign all bills of indictment, and con¬ 
duct in court all criminal or other prosecutions in the 
name of the commonwealth, or when the state is a 
party, which arise in the county for which he is elected, 
and perform all the duties which now by law are to 
be performed by deputy attorney generals, and receive 
the same fees or emoluments of office: Provided , Said 
district attorney shall in no case whatever have au¬ 
thority to enter nolle prosequi in any criminal case, 
either before or after bill found, or to discharge a 
prisoner from custody, without first having obtained 
the approbation of the court in writing.—Act 3 May, 
1850, § 1, P. L. 654. 

157. That any person admitted to practice as an at¬ 
torney, in the courts of the county in which he shall 
have resided, one year next preceding, shall be eligible 
to the office of district attorney for such county; and 
so much of the act to which this is a supplement, as 
is inconsistent herewith, be and the same is hereby 
repealed.—Act 11 February, 1852, § 1, P. L. 45. 

158. The return judges ot the said city and county, 
and of each county in the state, shall, when they meet 
as now required by law, faithfully add up the votes 
given at said election for district attorney, and he who 
has the highest number of votes shall be declared 
duly elected; and they shall make out duplicate cer¬ 
tificates, one of which shall be delivered to the person 
thus declared elected, and the other to the prothono- 
tary of the court of common pleas of the proper 
county; and on the first Monday of November after 
said election, the person who is legally elected shall 
appear in the court of common pleas of said county, 
if in session, and if not, then at the next session of 
said court, and then in open court take and subscribe 
the same oath or affirmation as is required to be taken 
by the attorney general ; (b) which oath shall be en- 

(a) Altered, infra, 354. And repealed as to Dauphin county, by act 
2 May, 1853, § 7, P. L. 668. ‘ * ’ J 

(ft) Constitution of Pennsylvania, article VIII. 



ELECTION LAWS. 


129 


Chap. IV.] 

tered upon the records of said court.—Act 3 May, 

1850, § 2, I\ L. 654. 

159. All elections of district attorneys shall be con- How elections 
tested and decided in the same manner as is now pro- contested, and 
vided by law for contesting the election of county vacancies sup- 
officers ; (a) and if any vacancy shall occur, either by p iet ’ 
death, resignation, removal from office or from the 

county, or otherwise, the judges of the court of com¬ 
mon pleas shall supply such vacancy by the appoint¬ 
ment of a competent person the fill the office until 
the next general election: Provided , Such vacancy 
happens thirty days before; if not, then until the next 
general election thereafter, and until a successor is 
duly elected and qualified.— Ibid., § 3. 

160. If any person elected to said office shall be proceedings in 
charged with any crime or misdemeanor, which by case of official 
law is indictable, or shall be guilty of a misdemeanor 

in office, or of gross or wilful neglect in the discharge 
of his official duty, on complaint being made before 
any one of the judges of said court in writing, veri¬ 
fied by affidavit, it shall be the duty of the court, if 
they believe there is probable cause for such com¬ 
plaint, to appoint some other competent attorney of 
the court to prepare a bill of indictment against the # 
district attorney, to be laid before the grand jury, and 
to conduct the same to final trial; and in case the said 
district attorney be convicted of any infamous crime, 
and final judgment rendered, it shall be part of the 
sentence of the court that he be removed from office ; 
and the court shall then proceed to appoint another 
competent person to fill such vacancy, as provided in 
a former section of this act; and the person appointed 
to conduct such prosecution shall be paid a reasonable 
compensation for his services out of the treasury of 
the county, the amount to be fixed by the court.— 

Ibid., % 4. 

161. That the true intent of the act of May third, Vacancies to be 
one thousand eight hundred and fifty, providing for j^ 1 for ful1 
the election of district attorney, shall be held to be teim * 

that any person elected to fill a vacancy in the office 
of district attorney, shall hold his office for the full 
term \>f three years.—Act 13 April, 1859, § 1, P. L. 617. 

162. If in case of sickness, or from any other cause, Provisions in 
the district attorney shall be unable to attend to the gfckness^&c., 
duties and business of the term of a court, he shall of district at- 
have authority to appoint some competent attorney torne y- 

of the county, with the approbation of the court, to 


9 


(a) See post, chapter V, “F.” 



130 


In case of ab¬ 
sence. 

f 


To what ineli¬ 
gible. 


Election of 
county sur¬ 
veyors. 


Returns of elec¬ 
tions. 


How contested. 


Take oath. 


Removal of 
.county survey¬ 
ors. 


DIGEST OF GENERAL [Cliap. IV. 

act as his deputy for one term, but for no longer pe¬ 
riod.—Act 3 May, 1850, § 7, P. L. G55. 

163. That it shall be the duty of the court of quar¬ 
ter sessions of any county to appoint a district at¬ 
torney for the time being, in all cases where the dis¬ 
trict attorney shall be absent from the court; which 
person, so appointed, shall perform all the duties of 
the office until the regular district attorney shall ap¬ 
pear in person to perform the same.—Act 26 April, 
1855, § 1, P. L. 308. 

164. No district attorney shall be eligible to a seat 
in the legislature, or to any other office under the laws 
and constitution of the state, during his continuance 
in office, (a )—Act 3 May, 1850, § 6, P. L. 655. 

H. County Surveyor. 

165. That the qualified voters of each county of 
this commonwealth shall, on the second Tuesday of 
October next, and on the same day every third year 
thereafter, elect one competent person, being a prac¬ 
tical surveyor, to act as county surveyor for the proper 
county, for the term of three years, who shall do and 
perform all the duties, and have and receive all the 
emoluments now pertaining to the respective deputies 
of the surveyor general.—Act 9 April, 1850, § 5, P. L. 
434. 

166. That duplicate returns of the elections of said 
county surveyors shall be made out and certified by 
the return judges, in the manner prescribed by the 
laws regulating the general elections of this common¬ 
wealth; one copy whereof shall be filed with the clerk 
of the court of quarter sessions of the proper county, 
and the other transmitted by mail to the surveyor gen¬ 
eral, to be filed in his office; and notice of his election 
shall be given by the return judges to the person re¬ 
ceiving the highest number of votes; all contested 
elections under this act shall be subject to the provi¬ 
sions of the laws relating to the trial of contested 
elections of county officers, (b) — Ibid., § 6. 

167. That the person so elected shall, at the next 
court of quarter sessions of the proper county, or as 
soon thereafter as practicable, take and subscribe an 
oath or affirmation to perform all the duties of his 
office with fidelity.— Ibid., § 7, P. L. 435. 

168. That the courts of quarter sessions of the re¬ 
spective counties shall have power, on cause shown, 

(а) Modified as to Adams cotinty.—Act 16 March, 1866, § 1, P. L. 
242. Not to be construed to prohibit him from holding any office or 
commission in the militia.—Act 30 January, 1871, P. L. 13. 

(б) See post, chapter V, “ F.” 



ELECTION LAWS. 


131 


Chap. IV.] 

to remove any of said county surveyors for neglect, 
refusal, incompetency or inability to perform the du¬ 
ties of his office, and shall also remove them on being 
convicted of any infamous crime or misdemeanor.— 

Ibid., § 8. 

1G9. That in case of any vacancy occasioned by Vacancies, how 
death, resignation, removal or otherwise, it shall be fiIled - 
the duty of the court of quarter sessions of the proper 
county to appoint a competent person, being a prac¬ 
tical surveyor, to fill such vacancy, until the time in¬ 
scribed by this act for the election, of said officers.— 

Ibid., 9. 

I: PfiOTHONOTARIES, CLERKS, KeGLSTERS AND Ke- 
CORDERS. 

170. The qualified electors of each county in this Pi . othonotaries 
commonwealth shall, at the next general election, at &c., to be eiec- 
the times and places of electing representatives, and ted in the sev- 
wlienever it becomes necessary for an election under era c<ran ies * 
this act, vote for prothonotaries, clerks of the several 

courts, recorders of deeds and registers of wills, for 
each county respectively, as follows, namely:—Act 2 
July, 1839, § 1, P. L. 559. 

171. The qualified electors of the county of Adams Adams 
shall elect one person to fill the office of protlionotary, 

one person to fill the office of clerk of the courts of 
general quarter sessions and oyer and terminer, and 
of the orphans’ court, and one person to fill the office 
of register of wills and recorder of deeds.— Ibid. 

172. The qualified electors of the county of Alle- Allegheny, 
gheny shall elect one person to fill the office of pro- 
thonotary of the court of common pleas and of the 
district court; one person to fill the office of clerk of 

the orphans’ court, and one person to fill the office of 
clerk of the court of oyer and terminer and general 
jail delivery and court of quarter sessions of the peace 
of said county; one person to fill the office of register 
of wills, and one person to fill the office of recorder of 
deeds.— Ibid., § 1, and Act 16 April, 1866, P. L. 942. 

173. The qualified electors of the county of Arm- A t 
strong shall elect one person to fill the offices of pro- 
thonotary, clerk of the courts of general quarter ses¬ 
sions and oyer and terminer, and one person to fill the 
office of register of wills, recorder of deeds and clerk 

of the orphans’ court.— Ibid. 

174. The qualified electors of the county of Beaver Beaver. < 
shall elect one person to fill the office of protlionotary; 

one person to fill the office of clerk of the courts of gen¬ 
eral ^quarter sessions and oyer and terminer, and clerk 


132 


Bedford. 


Berks. 


Blair. 


Bradford. 


Bucks. 


Butler. 


Cambria. 


DIGEST OF GENERAL [Chap. IV. 

of the orphans’ court, and one person to fill the offices 
of register of wills and recorder of deeds.— Ibid. 

175. The qualified electors of the county of Bedford 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, oyer 
and terminer, orphans’ court; and one person to fill 
the office of register of wills and recorder of deeds.— 
Ibid., and Act 28 June, 1871, § 1, P. L. 1375. 

176. The qualified electors of the county of Berks 
shall elect one person to fill the office of prothonotary ; 
one person to fill the offices of clerk of the courts of 
general quarter sessions and oyer and terminer; one 
person to fill the office of clerk of the orphans’ court; 
one person to fill the office of register of wills, and one 
person to fill the office of recorder of deeds.— Ibid., P. 
L. 560. 

177. One person shall fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, of oyer 
and terminer and of the orphans’ court, in said county 
of Blair; and one person shall fill the offices of regis¬ 
ter of wills and recorder of deeds in said county.—Act 
26 Feb., 1846, § 6, P. L. 65. 

178. The qualified electors of the county of Brad¬ 
ford shall elect one person to fill the offices of pro¬ 
thonotary, clerk of the courts of general quarter ses¬ 
sions and oyer and terminer; one person to fill the 
offices of register of wills, recorder of deeds, and clerk 
of the orphans’ court.—Act 2 July, 1839, § 1, P. L. 560. 

179. The qualified electors of the county of Bucks 
shall elect one person to fill the office of prothonotary; 
one person to fill the offices of clerk of the courts of 
general quarter sessions and oyer and terminer; and 
one person to fill the office of clerk of the orphans’ 
court; one person to fill the office of register of wills, 
and one person to fill the office of recorder of deeds.— 
Ibid. 

180. The qualified electors of the county of Bugler 
shall elect one person to fill the office of prothonotary, 
and one other person to fill the offices of clerk of the 
court of general quarter sessions, clerk of the court of 
oyer and terminer, and clerk of the orphans’ court of 
said county; and one person to fill the offices of reg¬ 
ister of wills and recorder of deeds.—Act 14 April 
1851, § 5, P. L. 553. 

181. The qualified electors of Cambria county shall 
elect one person to fill the office of prothonotary, clerk 
of the court of general quarter sessions, and oyer and 
terminer; and one person to fill the office of register 


ELECTION LAWS. 


133 


Chap. IV.] 


of wills, recorder of deeds, and clerk of the orphans’ 
court.—Act 6 March, 1854, § 1, P. L. 158. 

The county of Cameron was organized in the year Cameron. 
1860. See P. L. p. 697. 

182. The citizens of the county of Carbon who are carbon, 
qualified to elect members of the legislature, shall 
elect one reputable citizen to be prothonotary and 
clerk of the court of oyer and terminer, and of quarter 
sessions, and clerk of orphans’ court; and one repu¬ 
table citizen to be register of wills and recorder of 
deeds.—Act 13 April, 1843, § 4, P. L. 231. 

183. The qualified electors of the county of Centre 
shall elect one person to fill the offices of prothonotary, Centre ‘ 
clerk of the courts of general quarter sessions, and 
oyer and terminer; and one person to fill the offices of 
register of wills, and clerk of the orphans’ court, and 

one person to fill the office of recorder.—Act 2 July, 

1839, § 1, P. L. 560, and act 1869, P. L. 1093. * 

184. The qualified electors of the county of Chester Chester, 
shall elect one person to fill the office of prothonotary; 

one ^person to fill the offices of the clerk of the courts 
of general quarter sessions, oyer and terminer, and 
orphans’ court; one person to fill the office of register 
of wills, and one person to fill the office of recorder of 
deeds.— Hid. 

185. The qualified electors of the county of Clarion cla „ ion 
shall elect one person to fill the office of prothonotary, 
clerk of the courts of general quarter sessions, and 
oyer and terminer; and one person to fill the offices of 
register of wills, recorder of deeds, and clerk of the 
orphans’ court.—Act 8 April, 1852, § 1, P. L. 296. 

186. The qualified electors of the county of Clear- ciearfieia. 
field shall elect one person to fill the office of pro¬ 
thonotary, clerk of the courts of quarter sessions, and 

oyer and terminer; and one person to fill the offices of 
clerk of the orphans’ court and register of wills, and 
the office of recorder of deeds for said countv.—Act 
29 March, 1856, § 1, P. L. 185. 

187. The qualified electors of the county of Clinton clinton 
shall elect one person to fill the offices of prothonotary, nn on ' 
clerk of the court of general quarter sessions of the 
peace and oyer and tfirminer, and one person to fill 

the offices of register of wills, recorder of deeds and 
clerk of the orphans’ court.—Act 3 May, 1852, § 10, 

P. L. 537. 

188. The qualified electors of Columbia county shall Columbia, 
elect one person to fill the offices of prothonotary, 

clerk of the courts of general quarter sessions, oyer 
and terminer and orphans’ court, and one person to 


134 


Crawford. 


Cumberland. 


Dauphin. 

Delaware. 


Elk. 

Erie. 


Fayette. 

Forest. 


DIGEST OF GENERAL [Chap. IV, 

fill the offices of register of wills and recorder of deeds. 
—Act 2 July, 1839, § 1, P. L. 5G0. 

189. The qualified voters of Crawford county shall 
elect one person to fill the offices of prothonotary of 
the court of common pleas; one person to fill the office 
of clerk of the several courts of general quarter ses¬ 
sions and oyer and terminer and orphans’ court, and 
one person to fill the offices of register of wfills and re¬ 
corder of deeds.—Act 7 April, 1848, § 36, P. L. 368. 

190. The qualified electors of the county of Cum¬ 
berland shall elect one person to fill the office of pro¬ 
thonotary ; one person to fill the offices of recorder of 
deeds, clerk of the courts of general quarter sessions, 
oyer and terminer and orphans’ court, and one person 
to fill the office of register of wills.—Act 2 July, 1839, 
§ 1, P. L. 561. 

191. The qualified electors of the county of Dauphin 
shall elect one person to fill the office of prothonotary, 
clerk of the courts of general quarter sessions, oyer 
and terminer ; one person to fill the offices of clerk of 
the orphans’ court and recorder of deeds, and one per¬ 
son to fill the office of register of wills.— Ibid. 

192. The qualified electors of the county of Dela¬ 
ware shall elect one person to fill the offices of pro¬ 
thonotary, clerk of the courts of general quarter ses¬ 
sions, oyer and terminer and orphans’ court, and also 
to elect one other person to fill the offices of the reg¬ 
ister of wills and recorder of deeds.—Act 9 February, 
1860, § 1, P. L. 47. 

The county of Elk was organized in 1843.—See P. 
L. p. 312. 

193. The qualified electors of the county of Erie 
shall elect one person to fill the office of prothonotary, 
and one person to fill the office of clerk of the courts 
of general quarter sessions, oyer and terminer and 
orphans’ court, and one person to fill the offices of re¬ 
corder of deeds and register of wills —Act 2 Julv, 
1839, § 1, P. L. 561, and Act 15 April, 1863, § 1, P. L. 
503. 

194. The qualified electors of the county of Fayette 
shall elect one person to fill the offices of prothono¬ 
tary, clerk of the courts of general quarter sessions 
and oyer and terminer, and one person for register of 
wills and recorder of deeds, and clerk of the orphans’ 
court.— Ibid. 

195. The qualified electors of Forest county shall 
elect one person to fill the offices of prothonotary, 
clerk of the courts of oyer and terminer, general quar¬ 
ter sessions and orphans’ court, register of wills and 


Chap. IV.] 


ELECTION LAWS. 


K 


recorder of deeds.—Act 20 May, 1857, §11, P. L. 

614. 

196. The qualified electors of the county of Frank- Franklin, 
lin shall elect one person to fill the office of prothono- 

tary; one person to fill the offices of clerk of the courts 
of general quarter sessions, oyer and terminer and or¬ 
phans’ court, and one person to fill the offices of reg¬ 
ister of wills and recorder of deeds.—Act 2 July, 1839. 

§ 1, P. L. 561. 

197. The qualified electors of the county of Fulton Fulton, 
shall elect one pqrson to fill the offices of prothono- 
tary, clerk of the courts of oyer and terminer, general 
quarter sessions and orphans’ court, register of wills and 
recorder of deeds.—Act 19 April, 1850, § 22, P. L. 809. 

198. The qualified electors of the county of Greene Green? 
shall elect one person to fill the office of prothono- 
tary ; and one person to fill the office of clerk of the 
courts of general quarter sessions and oyer and termi¬ 
ner and clerk of the orphans’ court, and one person to 

fill the offices of register of wills and recorder of 
deeds.—Act 2 July, 1839, § 1, P. L. 561, and act 27 
February, 1869, P.*L 287. 

199. The qualified electors of the county of Hun- Huntin „ dou 
tingdon shall elect one person to fill the offices of pro- x ^ 
thonotary, clerk of the courts of quarter sessions and 

oyer and terminer, and one person to fill the offices 
of register of wills, recorder of deeds and clerk of the 
orphans’ court.— Ibitl. 

200. The qualified electors of the county of Indi- i nd i a na. 
ana shall elect one person to fill the offices of pro- 
thonotary, clerk of the courts of general quarter ses¬ 
sions and oyer and terminer, and one person to fill 

the offices of register of wills, recorder of deeds and 
clerk of the orphans’ court.— Ibid., P. L. 562. 

201. The qualified electors of the county of Jefferson Jefferson 
shall elect one person to fill the offices of prothono- 

tary, clerk of the courts of quarter sessions, oyer and 
terminer, orphans’ court, register of wills and recorder 
of deeds.— Ibid. 

202. The qualified electors of the county of Juniata j 
shall elect one person to fill the offices of prothono- uma a 
tary, clerk of the courts of general quarter sessions 

and oyer and terminer, and one person to fill the 
offices of register of wills, recorder of deeds and clerk 
of the orphans’ court.— Ibid. 

203. The qualified electors of the county of Laucas L Lancaster, 
ter shall elect one person to fill the offices of prothono- 

tary of the court of common pleas (and district court;) 
one' person to fill the offices of clerk of the courts of 


136 


DIGEST OF GENERAL 


Lawrence. 


Lebanon. 


Lehigh. 


Luzerne. 


Lycoming. 


M’Kean. 


[Chap. IV. 

general quarter sessions and oyer and terminer; one 
person to fill the office of clerk of the orphans’ court; 
one person to fill the office of register of wills, and 
one person to fill the office of recorder of deeds.— Ibid. 

204. The qualified electors of the county of Law¬ 
rence shall elect one person to fill the offices of pro- 
thonotarv of the court of common pleas, clerk of the 
court of quarter sessions of the peace, clerk of the 
court of oyer and terminer, and clerk of the orphans’ 
court; and one person to fill the offices of register of 
wulls and recorder of deeds.—Act 25 March, 1850, '§ 4, 
P. L. 278. 

205. The qualified electors of the county of Lebanon 
shall elect one person to fill the offices of prothonotary 
and clerk of oyer and terminer; one person to fill the 
offices of clerk of the court of quarter sessions and re¬ 
corder of deeds, and one person to fill the office of 
register of wills, and one person to fill the office of 
clerk of the orphans’ court.—4ct 8 April, 1857, § 1, P. 
L. 172. 

206. The qualified electors of the county of Lehigh 
shall elect one person to fill the office of prothonotary ; 
one person to fill the office of recorder of deeds; one 
person to fill the offices of clerk of the courts of quar¬ 
ter sessions and oyer and terminer, and one person to 
fill the office of clerk of the orphans’ court, and one 
person to fill the office of register of wills.—Act 2 July, 
1839, § 1, P. L. 562, and Act 14 April, 1863, § 1, P. L. 
406, and Act 5 May, 1864, § 2, P. L. 850. 

207. The qualified electors of the county of Luzerne 
shall elect one person to fill the office of prothonotary 
of the court of common pleas, and one person to fill 
the offices of the clerk of the courts of general quarter 
sessions, oyer and terminer, and orphans’ court; one 
person who shall hold the office of register of wills, 
and one person who shall hold the office of recorder of 
deeds.—Act 10 April, 1849, § 4, P. L. 582, and Act 23 
February, 1853, § 2, P. L. 698. 

208. The qualified electors of the county of Lycom¬ 
ing shall elect one person to fill the offices of prothono¬ 
tary, clerk of the courts of general quarter sessions 
and oyer and terminer, and one person to fill the 
offices of register of wills and recorder of deeds, and 
clerk of the orphans’ court.—Act 2 July, 1839, § 1, P. 
L. 562. 

209. The qualified voters of M’Kean county are here¬ 
by authorized and required to elect one person to fill 
the offices of prothonotary, clerk of the courts of gen¬ 
eral quarter sessions, oyer and terminer, orphans’ court, 


ELECTION LAWS. 


137 


Cliap. IV.] 

and to fill the offices of register of will s and recorder 
of deeds.—Act 11 April, 1866, § 3, P. L. 763. 

210. The. qualified electors of the county of Mercer Mercer 
shall elect one person to fill the office of protho- 
notary, and one person to fill the office of clerk of 

the courts of general quarter sessions, oyer and 
terminer, and orphans’ court; and one person to 
fill the offices of register of wills and recorder of deeds. 

Act 2 July, 1839, § 1, P. L. 563, and act 1869, P. L. 637. 

211. The qualified electors of the county of Mifflin Mifflin 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions and oyer 

and terminer, and one person to fill the offices of reg¬ 
ister of wills, recorder of deeds and cleric of the or¬ 
phans’ court.— II) id. 

212. The qualified electors of the county of Monroe Monroe, 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions and 
oyer and terminer, and orphans’ court; and one per¬ 
son to fill the offices of register of wills and recorder 

of deeds.— Ibid. 

213. The qualified electors of the county of Mont- Montgomery, 
gomery shall elect one person to fill the office of pro¬ 
thonotary ; one person to fill the offices of clerk of the 

courts of general quarter sessions, oyer and terminer, 
and orphans’ court; one person to fill the office of reg¬ 
ister of wills, and one person to fill the office of re¬ 
corder of deeds.— Ibid. 

214. The citizens of the county of Montour who are M; ont o Ur 
qualified to elect members of the legislature shall elect 

one reputable citizen to be prothonotary and clerk of 
the several courts, and one to be register and recorder 
of the said county.—Act 3 May, 1850, § 4, P. L. 659. 

215. The qualified electors of the county of North- Northam ton 
ampton shall elect one person to fill the office of pro- 01 ai " p ° D * 
thonotary, and one person to fill the offices of clerk 

of the court of general quarter sessions and oyer 
and terminer; one person to fill the office of clerk of 
the orphans’ court; one person to fill the office of reg¬ 
ister of wills, and one person to fill’ the office of re¬ 
corder of deeds.—Act 2 July, 1839, § 1, P. L. 563, and 
Act 8 April, 1848, § 1, P. L. 418. 

416. The qualified electors of the county of North- 
umberland shall elect one person to fill the offices of 011 um)cl ' 
prothonotary, clerk of the courts of general quarter 
sessions and oyer and terminer, and one person to 
fill the offices of register of wills, recorder of deeds 
and clerk of the orphans’ cofirt.—Act 2 July, 1839, 

§ 1, P. L. 563. 


138 


DIGEST OP GENERA.L 


Perry. 

Philadelphia. 


Pike. 

Potter. 

Schuylkill. 

Snyder. 

Somerset. 

Sullivan. 


[Cliap. IV. 

217. The qualified electors of the county of Perry 
shall elect one person to fill the offices of prothonotary 
and clerk of the courts of general quarter sessions and 
oyer and terminer, and one person to fill the offices of 
register of wills, recorder of deeds and clerk of the or¬ 
phans’ court—Act 13 March, 1847, § 1, P. L. 296. 

218. The qualified electors of the city and county of 
Philadelphia shall elect one person to fill the office of 
prothonotary of the court of common pleas ; one per¬ 
son to fill the office of prothonotary of the district 
court of the city and county of Philadelphia; one per¬ 
son to fill the offices of clerk of the court of oyer and 
terminer and general quarter sessions; one person to 
fill the office of clerk of the orphans’ court; one per-, 
son to fill the office of register of wills, and one per¬ 
son to fill the office of recorder of deeds.—Act 2 July, 
1839, § 1, P. L. 563. 

219. The qualified electors of the county of Pike 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, oyer 
and terminer, orphans’ court, register of wills, and re¬ 
corder of deeds.— Ibid. 

220. The qualified electors of the county of Potter 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, oyer 
and terminer and orphans’ court, and one person as 
register of wills and recorder of deeds.—Act 2 July, 
1839. § 1, P. L. 564, and Act 23 April, 1852, § 5, P. L. 
414. 

221. The qualified electors of the county of Schuyl¬ 

kill shall elect one person to fill the office protl^ono¬ 
tary ; one person to fill the offices of clerk of the courts 
of quarter sessions and oyer and terminer; one person 
to fill the offices of clerk of the orphans’ court and reg¬ 
ister of wills, and one person to fill the office of re¬ 
corder of deeds.—Act 29 March, 1856, 1, P. L. 180. 

The county of Snyder was organized in 1855. See 
P. L. p. 537. 

222. The qualified electors of the county of Somerset 
shall elect one pefson to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, and oyer 
and terminer, and one person to fill the offices of reg¬ 
ister of wills, recorder of deeds, and clerk of the or¬ 
phans’ court.—Act 2 July, 1839, § 1, P. L. 564. 

223/ The citizens of Sullivan county shall elect one 
reputable citizen to be register of wills, recorder of 
deeds, prothonotary of the court of common pleas and 
clerk of the orphans’ court, the oyer and terminer and 
quarter sessions.—Act 12 March, 1849, § 2, P. L. 154. 


ELECTION LAWS. 


139 


Chap. IV.] 


224. The qualified electors of the county of Susque- Susquehanna, 
hanna shall elect one person to fill the offices of pro- 
thonotary, clerk of the courts of general quarter ses¬ 
sions and oyer and terminer; and one person to fill 

the offices of register of wills, recorder of deeds, and 
clerk of the orphans’ court.—Act 2 July, 1839, § 1, P. 

L. 564. 

225. The qualified electors of the county of Tioga Tioga, 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, and 
oyer and terminer, and one person to fill the offices 

of register of wills, recorder of deeds, and clerk of the 
orphans’ court.— Ibid. 

226 . The qualified electors of the county of Union union, 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions and 
oyer and terminer, and orphans’ court; and one per¬ 
son to fill the offices of register of wills and recorder 

of deeds.— Ibid. 

' 227. The qualified electors of the county of Venango v en ango. 
shall elect one person to fill the offices of prothonotary 
of the court of common pleas, and clerk of the general 
quarter sessions and oyer and terminer, and one per¬ 
son to fill the offices of register and recorder, and clerk 
of the orphans’ court of said county.—Act 13 Feb¬ 
ruary, 1857, § 1, P. L. 35. 

228. The qualified electors of the county of Warren Warren, 
shall elect one person to serve as prothonotary and 
clerk of the courts, and one person to serve as regis¬ 
ter, recorder and clerk of the orjihans’ court for said 
county.— Act 7 April, 1848, -§31, P. L. 367. 

229. The qualified electors of the county of Wash- Washington, 
ington shall elect one person to fill the office of pro¬ 
thonotary ; one person to fill the offices of clerk of the 

courts of general quarter sessions, and oyer and ter¬ 
miner, and orphans’ court; one person to fill the office 
of register of wills, and one person to fill the office of 
recorder of deeds.—Act 2 July, 1839, § 1, P. L. 564. 

230. The qualified electors of the county of Wayne Wayne . 
shall elect one person to fill the offices of prothonotary, 
clerk of the courts of general quarter sessions, oyer 

and terminer, and orphans’ court, and one person to 
fill the offices of register of wills and recorder of 
deeds.— Ibid., 565. 

231. The qualified electors of the county of West- Westmoreland, 
moreland shall elect one person to fill the office of pro¬ 
thonotary ; one person to fill the offices of clerk of the 

courts of general quarter sessions of the peace, clerk 


DIGEST OF GENERAL [Chap. TV. 

of the court of oyer and terminer, and clerk of the or¬ 
phans 7 court, and one person to till the offices of reg¬ 
ister of wills and recorder of deeds.— Ibid., and act 19 
March, 1853, § 4, P. L. 216. 

232. The citizens of the county of Wyoming who 
are qualified to elect members of the legislature, shall 
elect one reputabe citizen to be prothonotary ancl clerk 
of the courts of oyer and terminer, and of quarter ses¬ 
sions of the peace, and one reputable citizen to be reg¬ 
ister of wills and recorder of deeds.—Act 4 April, 1842, 
§ 4, P. L. 223. 

233. The qualified electors of the county of York 
shall elect one person to fill the office of prothono¬ 
tary ; one person to fill the offices of clerk of the 
courts of general quarter sessions, oyer and terminer 
and orphans’ court; one person to fill the office of 
register of wills, and one person to fill the office of re¬ 
corder of deeds.—Act 2 July, 1839, § 1, P. L. 565. 

now cieuuuus 234. The said elections for prothonotaries, clerks, 
STe conducted recorders of deeds, and registers of wills, in each 
county, shall be held and conducted in all respects in 
the same manner as elections for representatives are 
or shall be held and conducted, and shall be held and 
conducted by the same judges, inspectors and other 
officers.— Ibid., § 2. 

Duties of return 235. It shall be the duty of the return judges of the 
judges. election for representatives for each county when they 

meet, to make out returns for representatives, also to 
make out true duplicate returns of the elections of 
prothonotaries, clerks, recorders of deeds and regis¬ 
ters of wills, one of which said returns shall be filed in 
the prothonotary’s office of the proper county, and the 
other return shall be immediately transmitted by the 
sheriff, by mail, to the secretary of the commonwealth, 
to be filed in his office; and it shall be the duty of 
such return judges to give to each person elected to 
any or all of the said offices, a certificate of his elec- 
Persons elected tion; and the persons who appear by such certificates 
to be commis- and returns to be duly elected, shall be commissioned 
by the governor for the respective office or offices for 
which they may have been elected, for three years, if 
they shall so long behave themselves well, and until 
their successors shall be duly qualified: Provided , 
when commis- That no commission shall issue within the lapse of 
sions to issue, thirty days after the election, and shall commence 
and take effect from the first day of December next 
after such election, unless when the same is supended 
by reason of a contest under the fifth section of this 


140 


Wyoming. 


York. 


Chap. IV.] 


ELECTION LAWS. 


141 


act, in wliicli case the commission shall take effect 
from the time of the legal qualification of the officer 
under the same, and expire on the first day of Decern- And to expire, 
her, as in other cases.— ll)id., § 3. 

236. Whenever any vacancy occurs in any of the Elections to mi 
said offices the qualified electors of the proper county vacancies, 
shall, at the next general election thereafter, elect, for 

the term of three years, a successor to fill the said va¬ 
cancy, in the same manner as is hereinbefore provided 
in other cases.— Ibid., § 4, P. L. 566. 

237. The returns of the elections, under this act, Contested elec- 
shall be subject to the inquiry, determination and judg- tions * 
ment of the court of common pleas of the proper coun¬ 
ty, upon complaint, in writing, (a) of thirty or more 

of the qualified electors of the proper county of undue 
election or return of any such officer, two of whom 
shall take and subscribe an oath or affirmation, that 
the facts set forth in such complaint are true, to the 
best of their knowledge and belief; and the said court 
shall, in judging concerning such election, proceed 
upon the merits thereof, and shall determine finally 
(b) concerning the same, according to the laws of this 
commonwealth; and the protlionotary of the said 
court shall immediately certify to the governor, the 
decree of the said court on such election, and in whose 
favor such contested election shall be terminated, and 
the governor shall then issue the commission to such 
person in whose favor such contested election has de¬ 
termined ; and the said court shall hear and determine 
such contested election, at the next term after the elec¬ 
tion shall have been held, and such complaint shall 
not be valid or regarded by the court unless the same 
shall have been filed in the prothonotary’s office within 
ten days after the election ; (c) and in case such com¬ 
plaint is filed within the time above mentioned, it 
shall be the duty of the protlionotary to transmit by 

(<x) It is not a compliance with the apt, to procure the signature of 
thirty qualified voters, previous to drawing up the complaint, for the 
purpose of being thereto appended, although the parties gave their 
signatures for that purpose, authorized them to be so appended, and 
after the petition was presented expressed their willingness that their 
names should stand to the complaint.—1 Philadelphia, R. 446. 

(6) The judgment of the common pleas is final, and not subject to 
the revision of the supreme court on a certiorari: Such writ, if issued, 

.will be quashed, for want of jurisdiction.—Carpenter’s case, 2 H. 486. 

In Scheetz’s case, 14 April, 1853, the supreme court were divided on 
the question of quashing the writ, and overruling Carpenters’s case; 

Black, C. J., and Lowrie, J., being in favor of sustaining the former 
decision, and Lewis, J., and Woodward, J., for overruling it, so far as 
to sustain the writ for the purpose of examining the regularity of the 
proceeding of the court below, but not to re-judge the merits. Gibson, 

J., by whom the opinion in Carpenter’s case was delivered, was ab¬ 
sent, in the court of nisiprius, M. S. 

(c) See 18 Leg: Int., 405. 



142 


DIGEST OF GENERAL 


Separate tickets 
to be voted. 


Former laws to 
remain in force. 


Bi-ennial elec¬ 
tion of trea¬ 
surer. 


Election, how 
held and re¬ 
turned. 


Who are ineli¬ 
gible. 


[Chap. IV. 

mail, immediately, to the governor, a certified copy 
thereof; and in such case no commission shall be is¬ 
sued until the court shall have determined and ad¬ 
judged on such complaint as aforesaid.— Ibid., § 5. 

238. Separate tickets (a) shall be voted for each 
office, or when there are more than one to be held by 
one person for the offices under this act; and each 
ticket shall designate, on the outside, the office or 
offices, and on the inside, the name of the person voted 
for to fill such office or offices.— Ibid., § 7. 

239. All such laws and parts of laws now in force, 
relating in any manner to prothonotaries, clerks of 
the several courts, recorders of deeds and registers of 
wills, which are not inconsistent with this act, be and 
the same are hereby declared to continue and remain 
in full force.— Ibid., § 6. 

K. County Treasurers. 

240. That on the second Tuesday in October next, 
and on the same day every two years (b) thereafter, 
it shall be lawful for the qualified voters in the several 
counties of this commonwealth, to elect a suitable 
person to serve as county treasurer, who shall enter 
upon the duties of his office on the first Monday in 
January next after his election, and perform all the 
duties enjoined by law on the several county treasu¬ 
rers of this commonwealth, until the first Monday in 
January, two years next after his induction into office 
as aforesaid.—Act 27 May, 1841, § 1, P. L. 400. 

241. The election shall be held and returns of elec¬ 
tion made in the manner prescribed by law in the case 
of county commissioners, and the validity of the elec¬ 
tion or return be subject to like trial and examination 
in case of contest.— Ibid., § 2. 

242. Ho judge, clerk or prothonotary of any court, 
register of wills, recorder of deeds, county commis¬ 
sioner, or county auditor, shall be eligible to election 
as county treasurer, during their continuance in office, 
nor shall any county commissioner (c) or county auditor 
(d) be eligible until the expiration of one year next after 
the term for which they shall have been elected, nor 
shall any county treasurer serve in such office for. 


(a) Changed, ante, § 36. 

(&) Election to be annual in Bucks and Montgomery counties, bv 
act 18 March, 1842, § 5, P. L. 125. 

(c) Repealed as to Tioga county.—Act 14 March. 1864, P. L. 1865. p. 
329. 

(d) Repealed.—See act 18 February, 1871, p. 79. 



Chap. IV.] 


ELECTION LAWS. 


143 


more than two years (a) in any term of four years.— 

Ibid., § 3. 

243. Each person elected a county treasurer shall, Bond 
before entering into the duties of his office, give bonds 
with security, in the manner and on the conditions pre¬ 
scribed in the thirty-third and thirty-fourth sections 
of an act, entitled “An Act relating to counties and 
townships officers,” passed the fifteenth day of April, 
one thousand eight hundred and thirty-four; and it Duty of county 
shall be the duty of the county commissioners, after commissioners, 
the bonds and surety are given and approved, to give 
the person so elected a certificate of his appointment 
in the form and manner prescribed by the thirty-first 
section of the act last aforesaid, and forward a certifi¬ 
cate thereof to the auditor general, in the manner 
therein prescribed, and such certificate shall be re¬ 
corded as in said act directed.— Ibid., % 4. 

344. In case any person so elected county treasurer ineligibility*Ac 
shall be declared ineligible, refuse to give bonds agree¬ 
ably to law, die, resign, remove from the county or be 
removed from office on account of any delinquency or 
misdemeanor, it shall be lawful for the county com¬ 
missioners to appoint a suitable person to fill said y acancy> 
office until the expiration of the time for which such 
county treasurer shall have been elected; and the 
person so appointed shall conform and be subject to 
the laws of this commonwealth in relation to county 
treasurers, and be subject to like removal: Provided, p . 

No person shall be appointed, declared by law to be 
ineligible to election, (b) — Ibid., § 5, P. L. 401. 

L. Justices of the Peace and Aldermen. 

245. That the qualified voters of the respective Election in 
wards, boroughs and townships, in this commonwealth, 184( ?* 
shall, in the j'ear of our Lord one thousand eight hun¬ 
dred and forty, and whenever by this act it becomes 
necessary thereafter, at the times (c) and places fixed E i ec tion of jus- 
for the election of constables in the said wards, bo- tices and aider- 
roughs and townships, elect justices of the peace and men * 
aldermen, as follows: For each township shall be 


(а) Treasurers in Philadelphia may be elected for two terms in any 
term of six years.—Act 12 April 1845, § 6, P. L. 412. Same provision 
extended to Berks county, by act 24 March, 1851, § 3, P. L. 242. To 
Allegheny county, act 21 March, 1865, § 1, P. L. 477. To Erie county, 
act April 14, 1864, § 1, P. L. 428. Repealed, act 19 February, 1870, P. L. 
201 . 

(б) See act 2 February, 1854, § 10, as to the treasurer of the city of 
Philadelphia, fi. L. 28. 

(c) On the third Friday in March in every year, except in certain 
counties by special la.ws —See post, chapter VIII, §§ 3 to 11, inclusive. 



144 


DIGEST OF GENERAL 


Manner of hold¬ 
ing election. 


When a bor¬ 
ough and town¬ 
ship form a gen¬ 
eral election 
district, sepa¬ 
rate boxes to be 
furnished and 
tickets labelled. 


Times and 
places. 


New townships, 
relative to. 


[Cliap. IV. 

elected two justices of the peace; (a) for each borough, 
not divided into wards, shall be elected two justices of 
the peace; for each ward in a borough, shall be 
elected two justices of the peace; for each ward in a 
city shall be elected two aldermen, except in the city 
and incorporated districts of the county of Philadel¬ 
phia, where one alderman shall be elected for each 
ward ; and such elections shall be held and conducted 
in the mode and manner and by the same officers and 
persons as the constables’ elections are held and con¬ 
ducted ; but where a borough forms part of a town¬ 
ship in which it is situated, the qualified voters of said 
borough shall not be permitted to vote for justices of 
said township, nor shall the qualified voters of the 
township be permitted to vote for justices of said bo- 
rough.--Act 21 June, 1839, § 1, P. L. 376. 

246. That when a borough forms a part of a town¬ 
ship or townships, composing together one general 
election district, and which are entitled by the act to 
which this is a supplement to separately elect two 
justices of the peace, it shall be the duty of the judge 
and inspectors elected to hold the general and town¬ 
ship elections of each year, to provide a separate box, 
into which they shall put the tickets voted for jus¬ 
tices of the peace for said borough; and the tickets 
voted for justices of the peace by the qualified voters 
of the township, shall have the word ‘‘township” writ¬ 
ten or printed on the outside; and the tickets voted 
for justices of the peace by the qualified voters of the 
borough, shall have the word “borough” written or 
printed on the outside; and the said judge and in¬ 
spectors shall count the votes so voted for justices of 
the peace for said borough, and return the same in 
like manner as is provided for in the election of jus¬ 
tices of the peace for townships.—Act 7 March, 1840, 
§ 1, P. L. 72. 

247. That it may be lawful for the qualified electors 
of any township that is or may be hereafter erected, 
to elect such number of justices of the peace as by 
law the said township maybe entitled to, at such times 
and places as are already prescribed by law.—Act 11 
July, 1842, § 44, P. L. 328. 

248. Hereafter when any new township shall be 
erected in any county of this commonwealth, it shall 
be lawful for the court of quarter sessions of -the 
proper county to authorize the citizens of said new 


(a) Bat one to be elected for each ward in the borough of Pottstown, 
by act 15 March, 1848, § 3 P. L. 155. Special provisions for Philadel¬ 
phia— Post, chap. VII, §§ 55, 56, 57 and 58. 



ELECTION LAWS. 


145 


Chap. IV.] 

township to hold an election for justices of the peace, 
and all other township officers, upon such notice as 
the court may direct.—Act 5 April, 1849, <S 32, P. L. 

558. 

249. The elections under this act shall be held and Elections, by 
conducted in the same manner and by the same officers whom held, 
who are or shall be required by law to hold and con¬ 
duct elections of constables in the respective wards, 
boroughs and townships in this commonwealth.—Act 

21 June, 1839, § 8, P. L. 379. 

250. That the officers and other persons holding and Returns, how 
conducting such elections for aldermen and justices made - 

of the peace, shall make true duplicate returns of such 
elections, one of which [returns shall be immediately 
transmitted by mail, by the proper constable to the 
governor, and the other return,] (a) shall be handed 
by such constable to the prothonotary of the i>roper 
county, to be tiled in his office; and the said prothono¬ 
tary shall forthwith send a certified copy of such re¬ 
turn to the secretary of the commonwealth.— Ibid., § 2. 

251. That the returns of the elections under this False returns 
act shall be subject to the inquiry, determination and subject to the 
judgment of the court of common pleas of the proper couft^and^he 16 
county, upon complaint of fifteen or more of the manner, 
qualified voters of the proper township, ward or bo¬ 
rough, of an undue election or false return, two of 

whom (b) shall take and subscribe an oath or affirma¬ 
tion that the facts set forth in such complaint are true 
to the best of their knowledge and belief; and the 
said court shall, in judging of such elections, proceed 
upon the merits thereof, (c) and shall determine finally 
concerning the same, according to the laws of this 
commonwealth; and the prothonotary of the said court Prothonotary to 
shall immediately certify to the governor the decree certify decree 
of the said court, and in whose favor such contested governor! 0 the 
election shall have terminated, and the governor shall 
then commission such person in whose favor such con¬ 
tested election terminated; and such complaint shall complaint, 
not be valid or regarded by the court unless the same when to be 
shall have been filed within ten days after the elec- filed - 
tion, in the prothonotary’s office, and in case such 
complaint be filed in due time, the prothonotary shall 
transmit by mail immediately to the governor a certi¬ 
fied copy thereof, and in such case no commission shall 


(a) Clause within brackets repealed, by act 13 April, 1859, § 2, P. L. 
592. 

(&) It is not sufficient that it be sworn to by two other voters, resi¬ 
dent in the ward—2d Par. 521. 

(c) See 2d Par. 503. 

10 



146 


DIGEST OF GENERAL 


[Chap. IV. 


Common pleas 
to have juris¬ 
diction of con¬ 
tested elections. 


Contested jus¬ 
tices’ elections. 


Elections, when 
a tie, or void, 
how remedied. 


When and how 
election held. 


Proviso. 


be issned until the court shall have determined and 
adjudged on such complaint as aforesaid.— Ibid., § 3. 

252. All contested elections of aldermen or justices 
of the peace shall be tried in the courts of common 
pleas, according to the provisions of the act to which 
this is a further supplement; and said courts, in the 
trial of such contests, shall have all the powers con¬ 
ferred by the one hundred and fifty-fifth, one hundred 
and fifty-sixth and one hundred and fifty-seventh sec¬ 
tions of the act, entitled “An Act relating to elections 
of this commonwealth,” passed the second day of July, 
one thousand eight hundred and thirty-nine, (a )—Act 
13 June, 1840, § 4, P. L. 690. 

253. That in all cases where the election of justices 
of the peace shall be contested, the justices then in 
commission shall continue to exercise and discharge 
the duties of their respective offices until their succes¬ 
sors are duly commissioned and qualified.—Act 15 
April, 1845, § 21, P. L. 470. 

254. That in all cases where an equal number of 
legal votes has been or shall hereafter be polled for 
two or more candidates for the office of alderman or 
justice of the peace in any ward, borough, township 
or district, so that the said officers required by law 
shall not be duly elected, or where any election shall 
be declared void by the court, it shall be lawful for 
the qualified voters of such ward, borough, to’wnship, 
or district to hold another election for the choice of 
such officer or officers, and to fill such vacancy; but 
before holding the same, it shall be the duty of the 
constable of the proper ward, borough, township or 
district to give notice, in the manner prescribed by 
law, that on a certain day, mentioned in said notice, 
not less than twenty nor more than thirty days there¬ 
after, an election will be held to fill such vacancy; 
which election shall be held and conducted in the 
mode and manner and by the same officers and per¬ 
sons as the constables’ elections are held and conduct¬ 
ed, and at the same place and between the same hours, 
and be subject to the like inquiry and judgment of the 
court of the proper county, as aldermen or justices 
elected under the provisions of the act to which this 
is a further supplement: Provided , That when the 
election of any such offices shall be vacated or set 
aside by a decision of the court, the said court shall 
fix the time of holding such new election, which shall 
not be less than twenty days thereafter.—Act 13 June, 
1840, § 1, P. L. 689. 


(a) See post, chap. V, §§ 33, 34 and 35. 



ELECTION LAWS. 


147 


Chap. IV.] 

255. That if the qualified voters of any ward, bor- Wards, bor¬ 
ough or township in this commonwealth shall desire °"£ hs or to J' ,n ; 
to elect more than the number of justices of the peace more than two 
or aldermen prescribed by this law for such ward, justices or ai- 
borough or township, such qualified voters may, at c^rtafn condi° n 
the times and places of holding constables’ elections, tions. 

(a) express such desire and consent in the following 
manner, namely: Such of the said voters as are in 
favor of electing more justices or aldermen shall vote 
tickets labelled on the outside with the word “ jus¬ 
tices” or ‘‘aldermen,” and the inside of such tickets 
shall contain the words “increase one” or “increase 
two,” as they may desire; and such of the said voters 
who are opposed to the election of more justices or 
aldermen shall vote tickets labelled “justices” or “al¬ 
dermen ” on the outside, and the inside of such tickets 
shall contain the words “ no increase;” and if it shall 
appear by such election that a majority of the quali¬ 
fied voters within such ward, borough or township are 
in favor of electing more justices or aldermen, then 
such additional number of justices or aldermen shall, 
at the next constables’ election thereafter, be elected 
and commissioned in the same manner as the other jus¬ 
tices and aldermen are under this act: Provided , That Fifty qualified 
no election shall be held under this section unless at 
least fifty qualified voters of the proper ward, borough stable that they 
or township shall give notice in writing to the consta- desire to vote, 
ble thereof that they desire to vote, at the next con- &c ‘ 
stables’ election thereafter, for such increase; and on 
receiving such notice the said constable shall, by at 
least ten written or printed handbills, put up in the 
most public places in said ward, borough or township, 
at least twenty days before said election, give notice 
that at such election a vote will be taken to ascertain 
whether the qualified voters of said ward, borough or 
township consent to the election of a greater number 
of justices or aldermen ; and it shall be the duty of Return, how 
the officers and others holding such election under made * 
this section to make out true duplicate returns of the 
same, and file one of said returns in the office of the 
prothonotary of the county; and in case a majority 
of the voters of such borough or township are in favor 
of an increase, the proper constable shall immediately 
transmit by mail to the governor the other of the said 
returns ; and no such increase in any ward, borough 
or township shall exceed two.—xlct 21 June, 1839, § 

4, P. L. 377. 

(«) In Philadelphia on second Tuesday of October.— Post , chap. VII, 

§ 55. As to special laws for other counties—See post , chap. VIII, §§ 3 
to*ll, inclusive. 


V 



148 


DIGEST OF GENERAL 


Commissions, 
when to issue. 


Fee two dollars, 
to be paid to 
the recorder, 
&c. 


Justice to be 
sworn or affirm¬ 
ed. 

Persons elected 
to give notice 
to prothonotary 
of acceptance. 


Vacancies, how 
supplied. 


Aldermen and 
justices, how 
subject to re¬ 
moval. 


Division of dis¬ 
tricts not to va¬ 
cate commis¬ 
sions. 


Deficiency, how 
supplied. 


[Chap. IV. 

256. That the governor shall issue commissions on 
the twenty-fifth day after the elections for justices 
under this act shall have been held, to such person as 
shall appear to be duly elected, for which said com¬ 
mission each person so elected a justice or alderman 
shall pay two dollars, to be received by the recorder 
of the proper county, to be by him transmitted to the 
secretary of the commonwealth as fees for other 
commissions are transmitted; and the said justices 
shall be, by the said recorder, sworn or affirmed in the 
manner now prescribed by law.— Ibid., § 5, P. L. 378. 

257. That every person hereafter elected to the 
office of justice of the peace or alderman shall, within 
thirty days after the election, if he intends to accept 
said office, give notice thereof in writing to the pio- 
thonotary of the common pleas of the proper county, 
who shall immediately inform the secretary of the 
commonwealth of said acceptance; and no commis¬ 
sion shall issue until the secretary of the common¬ 
wealth has received the notice aforesaid.—Act 13 
April, 1859, § 1, P. L. 592. 

258. That if any vacancy shall take place in any 
ward, borough or township by the neglect or refusal 
of any person elected to accept a commission within 
six months after the date thereof, or by death, resig¬ 
nation or otherwise, such vacancy shall be supplied 
at the next election, and the election to supply such 
vacancy shall be held and conducted in the same man¬ 
ner as the other elections of justices under this act.— 
Act 21 June, 1839, § 7, P. L. 379. 

259. That the several aldermen and justices of the 
peace, elected and commissioned under this act, shall 
be subject to removal in the same manner and for the 
same causes prescribed by the existing laws of this 
commonwealth, and during their continuance in office 
shall respectively keep their offices in the ward, bor¬ 
ough or township for which they shall have been 
elected.— Ibid., § 13, P. L. 380. 

260. That in all cases of the creation of any new 
township, borough or ward, in any city or county of 
this commonwealth, the commissions of justices of the 
peace and aldermen, within the respective territories 
out of which such township, borough or ward has 
been or may be created, shall continue for the proper 
township, borough or ward in which such justices or 
aldermen may respectively reside for the balance of 
the official term; and any deficiency in the proper 
number of aldermen or justices of the peace within 
the territories of either of such new divisions, accord- 


ELECTION LAWS. 


140 


Chap. IV.] 

ing to the number allowed to each township, borough 
and ward, by the act of the twenty-first day of June, 
one thousand eight hundred and thirty-nine, (a) shall 
be supplied at the next succeeding elections for con¬ 
stables in the said township, boroughs and wards.— 

Act 9 March, 1846, § 1, P. L. 105. 

261. No justice of the peace shall act as such unless j us ti ce snot to 
he shall reside within the limits of the district for act out of dis- 
which he was commissioned.—Act 22 February. 1802, tricts - 

§ 1, P. L. 75. 

M. County Commissioners and County Auditors. 

262. The electors of every county shall, on the day Election of 
of the general election in each year, elect one respec- county com- 
table citizen to serve as commissioner of the county, missloners - 
for the term of three years next ensuing such elec- Term of office, 
tion, and until a successor shall be duly elected or ap¬ 
pointed. (b) —Act 15 April, 1834, § 15, P. L. 540. 

263. If an election of a county commissioner shall How vacancies 
not take place as hereinbefore provided, or if such to be filled, 
election shall be set aside according to law, or if any 
commissioner shall decline serving in such ofiice, or 

shall die, or shall remove out of the county, or be re¬ 
moved from ofiice, the remaining commissioner or 
commissioners, together with the court of quarter ses¬ 
sions of the county, shall appoint a suitable citizen 
to fill the vacancy until the next general election, when 
a commissioner shall be elected for the unexpired term. 

Ibicl ., § 16. 

264. The electors of every county shall, on the day County audi _ 
of the general election in each year, elect one respec- tors to be 
table citizen to serve as auditor (c) of the county for the electe ^ 
term of three years next ensuing such election, and Term of office, 
until a successor shall be duly elected or appointed.— 

Act 15 April, 1834, § 44, P. L. 545. 

265. It shall not be lawful for any guardian of the certain persons 
poor, inspector of the prison, controller of public t° be ineligible, 
schools, members of the board of health, nor for any 

person employed in the sheriff’s otfiee, county com¬ 
missioners’ ofiice, or treasurer’s ofiice of any county, 
to hold the ofiice or perform the duties of auditor of 
such county.—Act 27 May, 1841, § 10, P. L. 402. 


(а) Ante, § 242. 

(б) His official acts are binding upon the county, although done after 
the lapse of three years, if his successor be not elected and sworn into 
office.—1 W. &S., 315. 

(c) County treasurer ineligible—Act 18 February, 1871, P. L. 79. 



150 


DIGEST OP GENERAL 


[Chap. IV. 


N. Township Officers. 


Constables to 
give notice of 
elections. 


2GG. The constable or constables of every township 
within this commonwealth shall give public notice of 
the township elections, by ten or more printed or 
written advertisements, affixed at as many of the most 
public places therein, at least ten days before the elec¬ 
tion ; and in every such advertisement they shall enu¬ 
merate, designate and give notice as sheriffs of coun¬ 
ties in cases of general elections are directed, by the 
first and second divisions of the thirteenth section of 
the act to which this is a supplement; (a) and in 
case of the neglect, refusal, death or absence of the 
Dutiesof super- aforesaid constable or constables, the duties herein 
visors and as- enjoined on them shall be performed by the supervi- 
sessors. SO rs 0 r assessor of the proper township, but said super¬ 

visors or assessor of the proper township shall not be 
required to give more than five days’ notice; and said 
elections shall be held and conducted under the regu¬ 
lations, not inconsistent herewith, prescribed in the 
aforesaid act; but nothing in this act, or in the act 
to which this is a supplement, contained, shall be con¬ 
strued to prohibit a judge, inspector or clerk of elec¬ 
tion from being voted for to fill any township office, 
or render either or any of them ineligible to hold the 
same.—Act 13 June, 1840, § 2, P. L. G84. 

267. The election for the said township officers shall 
be held during the same hours, and by the persons ap¬ 
pointed to hold the election of inspectors and asses¬ 
sors, on the third Friday in March of every year, ex¬ 
cept in the counties of Bradford, Susquehanna, Potter, 
M’Kean, Clearfield, Lycoming, Wayne and Pike, the 
township elections of which shall be held on the third 
Friday in February of every year. (&)—Act 2 July, 
1839, § 53, P. L. 529. 

Acts relative to 2G8. That the several acts that have been passed, re- 
the election of lating to the election of constables in the different bor- 
the several 111 oughs, wards and townships in the several counties of 
boroughs, this commonwealth, shall be so altered and construed, 
wards and as that each of the electors of each borough, ward and 
altered and con- township shall annually vote for only so many candi- 
strued. dates for the office of constable as there shall be per¬ 

sons required to fill said office in their respective bor¬ 
oughs, wards or townships; the candidates receiving 
the highest number of votes shall be declared elected; 

(а) Ante, § 17. Township or borough auditors ineligible as school 
directors in Butler county.—Act 17 April, 1861, § 1, P. L. 391. One per¬ 
son to till the offices of constable and collector in Cameron countv.— 
Act 31 March, 1867, P. L. 306. 

(б) See note (a) to § 255, ante. 


When and by 
whom to be 
held. 


Exceptions. 



ELECTION LAWS. 


151 


Chap. IV.] 

and that all existing laws inconsistent with this sec¬ 
tion, be and they are hereby repealed.—Act 9 April, 

1849, § 3, P. L. 508. 

269. The qualified electors of every township within Township audi- 
this commonwealth, who have neglected or omitted to tors * 

elect township auditors, pursuant to the act of the fif- Elections &c 
teenth of March, one thousand eight hundred and 
thirty-four, relating to counties and townships and 
county and township officers, shall at the next annual 
township election elect three township auditors in the 
mannel prescribed by said act, and shall annually 
thereafter continue to elect said officers in the manner 
therein directed.—Act 13 June, 1840, § 13, P. L. 687. 

270. It shall be the duty of the said inspectors and certificates of 
judge to make out a certificate of the election of each election, howto 
township officer aforesaid, which shall be signed by ^® 1 “^® d and 
them and delivered to the constable of the proper de lveie ' 
ward, district or township, and by him delivered to 

the said officer, or left at his usual place of abode within 
six days thereafter.—Act 2 July, 1839, § 54, P. L. 530. 

271. The clerk of the court of quarter sessions of Duties of the 
every county within this commonwealth shall, within clerk of court 
fifteen days after the township elections in each year °f 0 £g arter ses ' 
are returned into his office, to make out, certify and 

deliver under his hand and seal of office, to the com¬ 
missioners of his proper county, a list of the names 
of the persons elected to the offices of assessor and as¬ 
sistant assessors, and the names of the wards, town¬ 
ships, incorporated districts and boroughs within their 
respective counties, for which they were respectively 
elected, and shall be allowed therefor the usual fees 
for equal or similar services, to be paid out of the 
county treasury.—Act 13 June, 1840, § 9, P. L. 686. 

272. Every judge, as aforesaid, shall be allowed six Mi]eage to re . 
cents per mile for each mile necessarily traveled in de- turn judge, 
livering the return of the township election of his pro- 

per township to the clerk of the court of quarter ses¬ 
sions ; said mileage to be computed circular, and paid 
out of the county treasury, on orders drawn by the 
commissioners in the usual manner: Provided , That proviso, 
no compensation shall be paid where the return is not 
delivered within the time prescribed by law; and no 
daily pay shall be allowed for making returns of town¬ 
ship elections.— Ibid., § 10, P. L. 687. 

273. Constables, supervisors or assessors, as the case Advertising 
may be, of any ward, township, incorporated district ward, township 
or borough, shall be allowed and paid out of the county ^^o^^ow < 
treasury two dollars for advertising ward, township, paid, 
district and borough elections; said constables shall 


152 


•DIGEST OF GENERAL 


[Oliap. IV. 

also be allowed and paid as aforesaid, twenty cents 
for delivering to each township officer a certificate ot 
his election, as directed by this act, and the act to 
which this is a supplement.— Ibid., § 11. 

Constables,how Tlaat each au(1 ever y constable of this common- 

paid. ’ wealth, except in the city and county of Philadelphia, 
who shall attend at the general and township elections 
in tlieir several districts as required by law, shall re¬ 
ceive for said services one dollar per day from the 
county fund.—Act 31 March, 1854, § 1, P. L. 250. 

New townships, 275. Hereafter when any new township shall be 
relative to. erected in any county of this commonwealth, it shall 
be lawful for the court of quarter sessions of the pro¬ 
per county to authorize the citizens of said new town¬ 
ship to hold an election for justices of the peace, and 
all other township officers, upon such notice as the 
court may direct.—Act. 5 April, 1849, § 32, P. L. 558. 
Manner of 276. Whenever it shall become necessary for the 

sM Ct officers n ” c ^ zens °* township in any of the counties of this 
where town- commonwealth, which has been or shall be divided (a) 
ships have in any way in forming any election district or districts, 
divided shallbe to elect justices of the peace, judges and inspectors of 
elections, assessors, constables, school directors or 
other township officers, in pursuance of an act or acts 
of assembly, the qualified voters of such township 
shall meet at the usual place of holding their annual 
township elections respectively, and shall then and 
there proceed to elect such officers in the manner now 
How returns provided for by law, and the returns of such election 
are to be made, shall be made out in the same manner as is now pro¬ 
vided for by the laws of this commonwealth; and such 
township election, so held in any township which may 
be divided as aforesaid, shall be held and conducted 
Elections by 0I1 ty by the judge, inspectors and clerks residing in 
whom to be J the district where the place of holding the township 
conducted. election is or may be located, any law to the contrary 

Proviso. notwithstanding: Provided , That whenever a vacancy 

happens by death, resignation, removal or otherwise, 
then the judge or inspector residing in the township 
and district nearest to the place of holding the town¬ 
ship election shall hold and conduct the same.—Act 7 
March, 1840, §'27, P- L. 18. 

277. It shall be the duty of judge and inspectors 
, holding and conducting such township election to 


(a) Upon the division of an election district, the functions of the 
election officers are destroyed, and cannot be exercised in either of the 
new election districts into which the old one is divided. The official 
functions of local officers fall with the political annihilation of the lo- 
calit 3 r for which they were chosen or appointed.—Penn, district elec¬ 
tion case, 1 Wh. Dig. 704, § 11, 3 S. & R. 121. 



ELECTION LAWS. 


153 


Chap. IV.] 

keep as many separate boxes and separate lists o'f Separate boxes 
voters forjudges and inspectors of elections, as there to be kept for 
are election districts, or parts of election districts, in spears of each 
such township, respectively, in which they shall de- election district 
posit the votes of the citizens residing within the limits ^Xshi j n a 
of such districts or parts of districts, for judges and m ' ns ip ’ 
inspectors of the general elections in their particular 
districts, and the returns thereof shall be made out * 
and certified in conformity with the provisions of the 
act of the second July, Anno Domini eighteen hun¬ 
dred and thirty-nine, entitled “An Act relating to the 
elections of this commonwealth;” and in cases where where ts of 
part only of the township forms in connection with township form 
other parts of other townships a general election dis- a general eiec- 
trict, the judge holding such township election shall ju^eshTmeet 
meet the judge or judges from the other township or at the place of 
townships forming part of such general election dis- holdin g the 
trict, at the place of holding the general election, and 5fi 0n . 
the said judges shall then and there proceed to make 
out a general return from their respective returns, 
which shall be signed, certified and returned with 
their several returns in like manner as is now pro¬ 
vided for by law.— Ibid., § 28. 

O. School Directors and Controllers. 

278. That school directors shall be elected annu- Election of di- 
ally in each district of the state, in the following man- rectors, 
ner, to wit: At the same time and place that elections 
are held for supervisors and constables, and in wards 
in cities or boroughs at the time qnd place of the bo¬ 
rough or ward elections, and in like manner, (a) two 
qualified citizens shall be elected school directors in 
each district, whose term of office shall be three years; v 

but in districts where directors have not been elected, Term of office, 
or in new districts which may be established by the 
erection of a new ward, borough or township, six di¬ 
rectors shall be elected in such districts at the first 
election, two to serve one year, two to serve two years, 
and two to serve three years, and two annually there¬ 
after ; and in city and borough districts allowed to 
elect three directors, the whole number for each ward 
shall be chosen at the first annual election after the 
passage of this act, one to serve for one year, one to 
serve for two years, one to serve for three years, and 
one annually thereafter.—Act 8 May, 1854, § 5, P. L. 

618. 

(a) The act prohibiting candidates for certain offices from serving 
as election officers, does not apply to school directors.—-2 Wh. Dig. 004, 

§ 6 . 



154 


DIGEST OF GENERAL 


Returns of elec¬ 
tions for dis¬ 
tricts. 


Vacancies. 


Refusal to at¬ 
tend meetings. 


[Ohap. IV. 

279. That duplicate returns of all elections for di¬ 
rectors shall be made out, signed and sealed by the 
judges, and delivered by the constable or proper offi¬ 
cer of said election, one to the board of directors and 
the other to the court of quarter sessions of the county, 
within ten days thereafter, and each person elected a 
director (a) shall be notified thereof in writing within 
five days after the election, by the constable or other 
officer who held the election; if the legality of any 
election for directors, to be contested in writing by 
not less than ten qualified citizens of the district, the 
said court of quarter sessions is hereby authorized and 
required forthwith to examine into the election, (b) and 
to confirm or set it aside, as shall seem just and 
proper; and, if set aside, to order a new election at 
the usual place and in the usual manner, on not less 
than two weeks’ public notice given by the proper 
officer.— Ibid., § 6. 

280. That each board of directors shall have power 
to fill any vacancy which may occur therein by death, 
resignation, removal from the district, or otherwise, 
(c) until the next annual election for directors, when 
such vacancy shall be filled by electing a person from 
the district in which the vacancy occurs to supply the 
same, (d) — Ibid., § 7. 

281. That if any person duly elected a school di¬ 
rector shall refuse to attend a regular meeting of the 
board, after having received written notice from the 
secretary to appear and enter upon the duties of his 
office, or if any person having taken upon him the 
duties of his office as director, shall neglect to at¬ 
tend any two regular meetings of the board in suc¬ 
cession, unless detained by sickness or prevented by 
absence from the district, or to act in his official ca¬ 
pacity (e) when in attendance, the directors present 
shall have power to declare his seat in the board va- 


(<z) They need not be sworn before entering upon their duties.—2 
Wh. Dig. 604, § 7. They are held to be in office from the time they re¬ 
ceive their certificates of election, or claim their seats at a meeting of 
the board with proper evidence of their election.—2 Wh. Dig. 604, § 8. 

(6) The court has jurisdiction to inquire into the legality of the elec¬ 
tion, at the instance of contestants, not of supporters.—2 Gr. 214. 

(c) If two directors are to be elected, and three persons receive an 
equal number of votes, there is no election, and the vacancies may be 
filled by the board until the next election.—2 Wh. Dig. 604, § 10. 

(d) When a vacancy is to be filled, the persons having the highest 
number of votes are elected, without reference to whether the tickets 
designated one of those voted for to fill the vacancy.—2 Wh. Dig. 604, 
§9. 

(e) If a director, elected secretary, refuse to serve in that capacity 
he “neglects to act in his official capacity,” and his seat may be de¬ 
clared vacant.—2 Wh. Dig. 605, § 12. 



Chap. IV.] 


ELECTION LAWS. 


155 


cant, and to appoint another in his stead to serve until 
the next regular election.— Ibid ., § 8. 

282. That if all the members of any board of direc- For neglect of 
tors or controllers shall refuse or neglect to perform duties direc - 
their duties (a) by levying the tax required by law, movedby the 6 
and to put or keep the schools in operation so far as court, 
the means of the district will admit, or shall neglect 
or refuse to perform any other duty enjoined by law, 

(b) the court of quarter sessions of the proper county 
may, upon complaint in writing by any six taxable 
citizens of the district, an'd on due proof thereof, de¬ 
clare their seats vacant and appoint others in their 
stead, until the next annual election for directors.— 

Ibid., § 9. P. L. C19. 

283/ That all directors shall be exempted from serv- ^ re t c ^ r f S roS 
ing in any township, city or borough office, and from ^mtary duty 
the performance of military duty, (c) — Ibid., § 10. or serving in 

28^. That when two or more candidates shall have boTough P offices. 
an equal number of votes for the same term of office, In cases of tie 
at any election of directors or controller, whereby vote, 
their election shall be prevented, the said candidates 
shall appear at the next regular meeting of the board 
of directors or controllers, which said board shall de¬ 
termine their rights to seats therein, in the following 
manner: Ballots shall be prepared, equal in number 
to the opposing candidates, on one-half of which the 
word “director” shall be written, whereupon the said 
candidates shall each draw, from a proper receptacle, 
one of said ballots, and the candidate or candidates 
drawing the ballot or ballots marked “director” shall 
be held and deemed duly elected to the said office of 
director or controller; and if vacancies are to be filled Vacancies 
at any election of directors, in addition to the per¬ 
sons to be elected for the regular term, and the voters 
shall all neglect to designate on their tickets the term 
of office for which each person voted for is a candi¬ 
date, then the person or persons having the highest • 
number of votes shall be declared elected for the long¬ 
est term or terms ; the next highest in vote, after the 
filling of the longest term, shall be declared elected 
for the next longest term, and so on till all the terms 


( a ) If the board fail to organize, because none of them can obtain a 
majority of votes for president, it is such neglect of duty as will justify 
the court to declare their seats vacant, and to appoint others in their 
stead.—2 Wh. Dig. 605, § 11. 

( b ) This jurisdiction is only given in case of non-feasance, not in 
those of misfeasance or malfeasance.—15 Leg. Int. 229. But see 1 Wr. 
385—they are not liable to indictment for non-performance of their 
official duties; the remedy is under this section.—10 H. 365. 

(c) School directors ineligible as township or borough auditors in 
Butler county.—Act 17 April, 1861, § 1, P. L. 391. 



156 


Independent 
school districts. 


How directors 
elected. 


Elections for 
coun oilmen. m 


How vacancies 
to be filled. 


DIGEST OF GENERAL [Chap. IV. 

vacant shall be filled.—Act 11 April, 1862, § 2, P. L. 
471. 

285. That when an independent school district shall 
he established, the proper court shall, in the decree 
therefor, designate the time and place for holding the 
annual elections of directors therein, and appoint 
two persons to hold the first election, at a time ap¬ 
pointed therefor, who shall give ten days’ notice there¬ 
of, by printed or written handbills, put up at not less 
than six public places within said district, at which 
first election six directors shall be chosen, two for three 
years, two for two years, and two for one year then 
next ensuing, and thereafter two directors shall be 
chosen for three years, at the annual election to be 
called pnd held by the president and secretary of the 
board, at the time and place and in the manner in 
said decree therefor appointed; said election in all 
other respects to be conducted in conformity with the 
existing school law; and that in independent districts, 
established or hereafter to be established by the legis¬ 
lature, without specifying the mode, time or place of 
electing directors, the first election shall be held at 
such time and place, within the proper district, as 
shall be specified by written or printed notices thereof, 
put up at not less than ten public places therein, signed 
by not less than five taxable citizens thereof, and giv¬ 
ing ten full days’ notice of such election, and subse¬ 
quent elections shall be held at such time and place, 
annually, as shall be designated, by similar notices, 
signed by the president and secretary of the proper 
board; said elections in all other respects to be held 
and conducted in the manner in this section before 
provided.— Ibid ., § 9, P. L. 473. 

P. Town Council. 

286. In elections for members for town councils each 
voter may, at his option, bestow his votes singly upon 
six candidates, or cumulate them upon any less num¬ 
ber, in the manner authorized by the fourth section of 
the act to define the limits and to organize the town 
of Bloomsburg, approved March fourth, one thousand 
eight hundred and seventy; and vacancies in any such 
council shall be filled in the manner provided in the 
manner provided in the fifth section of the same act; 
but nothing herein contained shall be held to regulate 
or affect the manner of choosing the burgess or other 
Xwincipal executive officer of a borough, even when he 
shall be authorized to serve as a member of the town 
council.—Act 2 June, 1871, § 3, P. L. 284. 


Chap. IV.] 


ELECTION LAWS. 


157 


III. ELECTIONS TO SUPPLY VACANCIES. 


A. Members of Congress. 

287. Every writ which shall be issued by the gov- Writs to fill va- 
ernor of this commonwealth, in pursuance of the con- cancies in con¬ 
stitution of the United States, to supply a vacancy in gress ‘ 

the representation of the people of this commonwealth 
in the House of Representatives of the United States, 
shall be directed to the sheriff of the county or coun¬ 
ties composing the congressional district, and shall 
particularly express the day on which the election Ray to be fixed, 
shall be held to supply such vacancy, (a) — Act 2 July, 

1839, § 39, P. L. 527. 

288. If such vacancy shall happen during the ses- when election 
sion of Congress, or if Congress shall be required to to be held*, on 
meet at some time previous to the next general elec- ^of^he ^n 
tion, the governor shall appoint a time as early as erai election en 
may be convenient for holding such election, other¬ 
wise he shall direct the election to be held at the time 
appointed for holding the general elections.— Ibid., § 

40. 

289. Every writ for holding a special election, as when writ 
aforesaid, shall be deli vered to the sheriff to whom the shall be deiiv- 
same may be directed, at least fifteen days before the eredto shenff - 
day appointed for such election, who shall forthwith 

give due and public notice throughout the county at 
least ten days before such election, and shall send a notice 
copy thereof to at least one of the inspectors of each Hls notlce ' 
election district therein— Ibid., § 41. 

290. When the returns of any special election for a Returns f 
member of the House of Representatives of the United ciai^iectfonsT 
States shall be received by the secretary of the com¬ 
monwealth, the governor shall declare by proclamation 

the name of the person elected; and he shall also, as 
soon as conveniently may be thereafter, transmit the 
returns so made to the House of Representatives of 
the United States.— Ibid., § 42. 

B. In the Office of Governor. 

291. In case any vacancy shall occur in the office y acanc ie S in 
of governor of this commonwealth more than three the office of 
calendar months next preceding the second Tuesday ^ ver 1 f e ° d r ’ how 
in October in any year, it shall be the duty of the pp ie ' 


(a) For the present division of the state into congressional districts, 
and the places of meeting of the return judges, see act 1 May, 1861, P. 
L. 471. 




158 


DIGEST OF GENERAL 


[Chap. IV. 

speaker of the Senate, or whoever shall be in the ex¬ 
ercise of the office of governor, to issue his writs to 
the sheriffs of the several counties, requiring them to 
give the usual notice that an election to supply such 
vacancy will take place on the second Tuesday in Oc¬ 
tober next thereafter; and when such vacancy occurs 
within three calendar months before the second Tues¬ 
day in October, it shall be the duty of the speaker of 
the Senate, or whoever shall be in the exercise of the 
office of governor, to issue his writs as aforesaid, re¬ 
quiring notice of such election on the second Tuesday 
in October next after the issuing of said writ; and in 
each case said writ shall issue at least three calendar 
months before the election.—Act 2 July, 1839, § 34, 
P. L. 526. 

0. In the Legislature. 

w , . 292. Every writ which shall be issued by the speaker 

vacancies in the of either house of the legislature, in pursuance of the 
legislature. constitution of this commonwealth, to supply a va¬ 
cancy in such house, shall be directed to the sheriff or 
sheriffs of the proper county or counties, as the case 
may be, and shall particularly express the day on 
Day of holding which the election shall be held to supply such va- 
eiection. cancy. If such writ shall be issued by the speaker of 
when day to be the Senate during the recess of the legislature, he 
the same as shall, except as is hereinafter provided, direct the 
genera e ec ion e | ec f-j on £ 0 pei^ at time appointed for holding 

the general elections.—Act 2 July, 1839, § 35, P. L. 526. 
writs to supply suc ^ vacanc y shall happen during the ses- 

vacancies dur- sion of the legislature, or if the members shall be re- 
ing the session, quired by their own adjournment, or by the governor, 
to meet at some time previous to the next general 
election, the speaker issuing the writ shall appoint a 
time, as early as may be convenient, not exceeding 
thirty days thereafter, for holding such election. But 
when to be if the return of such election cannot be made before 
o? U extended ded tlie time appointed for the adjournment of the legisla¬ 
ture, such writ shall not be issued, or if issued shall, 
in the case of a vacancy in the House of Representa¬ 
tives, be countermanded, and in case of a vacancy in 
the Senate shall, by another writ issued as aforesaid, 
be extended until the next general election.— Ibid., 
§ 36. 

Proceedings if 294. If, after a writ shall have been issued directing 
special session the election to till such vacancy to take place on the 
is called. ' q a y 0 f the general election, or countermanding a pre¬ 
vious writ, as aforesaid, the governor shall issue his 
proclamation for convening the legislature, the sheriff 


EJECTION LAWS. 


159 


Chap. IV.] 


to whom such writ shall be directed, shall give notice, 
as is hereinafter provided, of an election to be held 
within thirty days after the date of such proclama¬ 
tion.— Ibid,, § 37, P. L. 527. 

295. Every writ for holding a special election, as when writ to 
aforesaid, shall be delivered to the sheriff, to whom be delivered to 
the same shall be directed, at least fifteen days before sheriff - 

the day appointed for such election, who shall forth¬ 
with give due and public notice thereof throughout 
the county, at least ten days before such election, and 
shall send a copy thereof to at least one of the inspec¬ 
tors of each election district therein.— Ibid., § 38. 

296. That whenever a vacancy shall have occurred, how vacancies 
or may hereafter occur, in either house of the legisla- filled. 

ture of this commonwealth, during the recess of the leg¬ 
islature, and the members thereof may have been or 
may be required, either by their own adjournment, by 
the governor or otherwise, to meet at some time previ¬ 
ous to the next general election, the speaker shall issue 
the writ and appoint a time for holding said election 
to fill said vacancy, as provided for by the thirty-sixth 
section of the act to which this is a supplement.—Act 
16 January, 1855, § 1, P. L. 1. 

IV., Miscellaneous Provisions. 

297. It shall be lawful for the governor of this com- When malig _ 
monwealth, on the representation of the board of nant diseases 
health, or of the municipal authority of any city, bor- prevail gover- 
ough, town or incorporated district in this common- p i ace 0 f holding 
wealth, that from the jirevalence of any maliguant or elections, 
contagious disease, in such city, borough, town or dis¬ 
trict, the lives of the electors may be in danger by at¬ 
tending at the places fixed by law for holding elec¬ 
tions within the same, to direct the sheriff of the 

proper county to give notice that the election for such 
city, borough, town or district will be held at such 
place within the limits, or in the neighborhood of the 
same, as he, the governor, may judge most safe and 
convenient, and it shall be the duty of such sheriff to 
give public notice of such place, in the manner here¬ 
inbefore required, at least seven days before the day 
of election, under the same penalty as is hereinafter 
provided.—Act 2 July, 1839, § 94, P. L. 540. 

298. No body of troops in the army of the United NoU g troops 
States, or of this commonwealth, shall be present, to be present at 
either armed or unarmed, at any place of election elections, 
within this commonwealth, during the time of such 

election: (a) Provided , That nothing herein contained Proviso. 


(a) As to U. S. troops, ante , 30, 32, §§ 10,13. 



160 


DIGEST OF GENERAL 


[Chap. IV. 

shall be so construed as to prevent any officer or sol¬ 
dier from exercising the right of suffrage in the elec¬ 
tion district to which he may belong, if otherwise 
qualified according to law.— Ibid., § 05. 

299. That every person who shall hold any office or 
inganoffice of appointment of profit or trust under the government 
profit or trust of the United States, (a) whether a commissioned offi- 
undertfie gov- cer or otherwise, a subordinate officer or agent, who is 
United states or shall be employed under the legislative, executive 
disqualified or judiciary departments of the United States, and, 
certainoffi'cel also ever y member of Congress, is hereby declared to 
under this com- be incapable of holding or exercising (b) at the same 
monwealth. time the office or appointment of justice of the peace, 
mayor, recorder, burgess or alderman of any city, cor- 
« porate town or borough, resident physician of the Laza¬ 

retto, constable, judge, inspector or clerk of election 
under this commonwealth, (c) —Act 12 February, 1802, 

§ 1, P. L. 38. 

The hoidin 300. That the holding of any of the aforesaid offices 
any such offices or appointments under the state, is hereby declared 
under this state to be incompatible with any office or appointment 
patibiewi^hany tinder the United States ,* and every such commission, 
office under the office or appointment so holden under the govern- 
United states. me nt of this state, contrary to the true intent and 
meaning of this act, shall be and* the same is hereby 
declared to be null and void.— Ibid., § 2. 

Penait forex 301. That if any person, after the expiration of six, 
excising any^ months from the passing of this act, shall exercise any * 
office or ap- offices or appointments, the exercise of which is by 
tMsaSdeciar- act declared to be incompatible, every person so 
ed to be incom- offending shall, for every such offence, being thereof 
patibie. legally convicted in any court of record, forfeit and 
pay any sum not less than fifty nor more than five 
hundred dollars, at the discretion *of the court; one 
moiety of the said forfeiture to be paid to the over¬ 
seers, guardians or directors of the poor of the town¬ 
ship, district, county or place where such offence shall 
have been committed, to be applied to the support of 
the poor, and the other moiety thereof to the prosecu¬ 
tor who shall sue for the same.— Ibid., § 3, P. L. 39. 

302. No member of Congress from this state, nor 
any person holding or exercising any office or appoint- 

(ct) The selection of an editor of a newspaper, to print the laws of 
the United States, by the secretary of state, is not such office.—17 S. & 

R. 219. See 5 Barr, (57. 

(6) Where the constitution or a statute declares that certain dis¬ 
qualifications shall render a person ineligible to an office, he must get 
rid of his disqualification before he is appointed or elected ; but if the 
law merely forbids him to hold or enjoy the office, or exercise its du¬ 
ties, it is sufficient if he quality himself before he is sworn.—6 IT. 519— 

21 . 

(c) See post, § 304. 



ELECTION LAWS. 


161 


Chap. IV.] 

ment of trust or profit under the executive, legislative Holding certain 
or judiciary departments of the government of the offices under 
United States, shall at the same time hold, exercise or incompatible^ 
enjoy the office of clerk of court of quarter sessions, with the United 
clerk of the orphans 7 court, or deputy surveyor, under States * 
this commonwealth.—Act 6 March, 1812, § 1, P. L. 

85. 

303. The holding of the office of clerk of the court Penalties 
of quarter sessions, clerk ot the orphans’ court or 
deputy surveyor of this commonwealth, is hereby de¬ 
clared to he incompatible with the holding any office 

or appointment under the United States; and the 
office or appointment, so liolden under the govern¬ 
ment of this state, shall be and the same is hereby de¬ 
clared to be null and void ; and every person continu¬ 
ing to hold such commission, office or appointment 
after the fourth of March, one thousand eight hundred 
and thirteen, shall be subject to all the penalties of ' 
the act to which this is supplementary .—1 Md., § 2. 

304. That no inspector, judge or other officer of any Who further 
election shall be eligible to any office at such election, ineligible, 
nor shall any person holding an office under the gen¬ 
eral or state government be an inspector, judge or 

other officer of any such election, nor shall any per¬ 
son holding an office under the government of the 
United States be allowed to serve as a member of 
city councils, commissioner of a district or burgess.— 

Act 16 April, 1838, § 38, P. L. 598. 

305. No judge of any court of this commonwealth judges not to 
shall practice as an attorney or counsellor in any court be aldermen or 
of justice in this commonwealth or elsewhere, n0 r notaries * 
shall he hold or exercise the office of alderman or no¬ 
tary public.—Act 14 April, 1835, § 75, P. L 354. 

306. No assessor or assistant assessor shall be ap- Assessors and 
pointed to the office of collector of taxes in any town- assistants ineii- 
ship, ward or district during the term .for which he as collec * 
shall have been elected assessor or assistant assessor.— 

Act 27 May, 1841, § 11, P. L. 403. 

307. No person hereafter elected shall be capable of Justice8 of the 
holding and exercising at the same time, the office of peace, &c. 
justice of the peace and that of prothonotary or clerk 

of any court.—Act 16 April, 1845, § 2, P. L. 542. 

308. The offices of associate judge and justice of 
the peace shall be incompatible with each other.—Act 
25 April, 1850, § 43, P. L. 576. 

309. That the fifteenth section of the act, entitled 
“An act further supplemental to the act relative to 
the elections of this commonwealth,” approved April 
seventeenth, one thousand eight hundred and sixty- 

11 


162 


DIGEST OF GENERAL 


[Chap. IV. 

nine, be and the same is hereby repealed; and that 
in the year Anno Domini one thousand eight hundred 
and seventy-two, and annually thereafter, all elections 
when city, for city, ward, borough, township and election officers, 
ward, borough [ n the different cities and counties of this common- 
eiections to'be wealth, shall be on the days and at the times they 
held. were held as provided by law in the different cities, 

wards, boroughs and townships in said counties, prior 
to the seventeenth of April, Anno Domini one thou¬ 
sand eight hundred and sixty-nine, the date of the 
passage of the act aforesaid.—Act 28 June, 1871, § 1, 
P. L. 1365. 

310. That the terms of the different city, ward, bo- 
cersMiaUv^to. rough, township and election officers in said counties, 
to be elected at the elections to be held in one thou¬ 
sand eight hundred and seventy-two, shall begin when 
the terms of such officers heretofore elected shall ex¬ 
pire, and so with such officers annually thereafter as 
provided by law, prior to the passage of the act of 
seventeenth of April, Anno Domini one thousand 
eight hundred and sixty-nine: Provided , The terms 
of assessors for the present year shall extend until 
their successors are duly elected and qualified pursu¬ 
it applicable an t to this act: Provided further , That this act shall 
vide^for 1 smce not apply to any elections provided for by special 
passage of act laws, since the passage of the act of April seven¬ 
ty 111 Apri1 ’ feenth, eighteen hundred and sixty-nine ; and the said 
Elections in elections in the county of Clearfield shall be held on 
Clearfield the last Friday in December of each year. — Ibid., § 2. 
county. 3n. That all elections for city, ward, borough, town- 

tions for^it an( ^ e ^ ec ^ on officers, in the different cities and 

ward, borough, counties of this commonwealth, which shall and will 
township and hereafter be had by force and authority of an act, en- 
to e b8heid fficerS titled “An act to repeal the fifteenth section of an act, 
entitled ‘A further supplement to the act relative to 
the elections of this commonwealth,’ approved the 
seventeenth day of April, Anno Domini one thousand 
eight hundred and sixty-nine,” approved the twenty- 
eighth day of June, Anno Domini one thousand eight 
hundred and seventy-one, shall, unless otherwise pro¬ 
vided by decree of the courts or by statute, be held at 
the several places at which they were held prior to the 
seventeenth day of April, Anno Domini one thousand 
eight hundred and sixty-nine: Provided , That the 
provisions of this act shall not apply where the place 
of election has since been changed according to law: 
Provided, That the provisions of this act shall notap- 
ply to the city of Philadelphia, and county of Wash¬ 
ington.—Act 21 February, 1872, § 1, P. L. 19. 


ELECTION LAWS. 


163 


Chap. IV.] 

312. That from and after the passage of this act it Sale, &c., of ii- 
shall not he lawful for any person or persons keeping qyors <m eiec- 
a public house or drinking place, either licensed orun- hinted?' 8 ’ pl °~ 
licensed, to sell spirituous or maltl iquors as a drink, 

to sell, furnish or give away, to be used as a drink, 
any spirituous or malt liquors, wine or any other in¬ 
toxicating beverage, on any part of any day set apart, 
or to be set apart for any general or special election, 
by the citizens in any election district or division 
within this commonwealth, where an election is in 
progress, during the hours when, by law in said dis¬ 
trict, the election polls are required to be kept open. 

Act 13 March, 1872, £ 1, P. L. 24. 

313. Any person violating any of the provisions of Penalty for vio- 
the first section of this act shall be deemed guilty 0 f^^ firstsec " 
a misdemeanor, and on conviction thereof shall be 

subject to imprisoned in the jail of the proper county 
for a term of not more than one hundred days, and in 
addition to the above, shall also be subject to a fine of 
not more than five hundred dollars and cost, at the dis¬ 
cretion of the court.— Ibid., § 2. 

314. It shall be the duty of the constables of the Constables to 
several townships, wards and boroughs of this com- offendersTo S ° f 
monwealth, under the same penalty as mentioned in court, 
section second, to make return to the next court of 

quarter sessions of the proper county, the name or 
names of any person or persons offending under the 
first section of this act: Provided , Nothing herein 
shall prevent any other person or persons from prose¬ 
cuting for such offence.— Ibid., § 3. 


CHAPTER V. 


CONTESTED ELECTIONS. 


A. Of the petition and committee. 

B. Contested election of Governor. 

C. Members of the Legislature. 


D. Parties and witnesses. 

E. Judges of the courts. 

F. County and township officers. 


CHAPTER V. 


CONTESTED ELECTIONS. 


A. Of the Petition and Committee. 

petitions con- 1. The election of any person as governor, or as 
testing election member of either branch of the legislating may be 
meniberof^he con tested on the petition of qualified electors of this 
legislature. commonwealth, under the following regulations and 
restrictions ; but no petition complaining of an undue 
election, or false return of a person elected governor, 
senator or member of the House of Bepresentatives, 
shall he acted upon by the legislature, unless— 
when to be I. The same be presented within ten days after the 
presented. organization of the legislature next succeeding the 
election. 

Requisites of. II. Nor unless the same be signed, in the case of 
governor, by at least fifty qualified electors; and in 
the case of a senator or representative, by at least 
twenty such electors of the proper district, city or 
county. 

III. Nor unless the same shall be accompanied by 
an affidavit, taken and subscribed by at least five of 
the petitioners, before some person having authority 
to administer oaths, that the facts stated in such peti¬ 
tion are true to the best of their knowledge and belief. 







CONTESTED ELECTIONS. 


Oliap. V.] 


165 


IV. Nor unless the same be accompanied by a cer¬ 
tificate from the treasurer, prothonotary or one of the 
commissioners of the county in which the petitioners 
reside, setting forth that the said petitioners, or as 
many of them as are hereinbefore required, were, at 
the time of signing the same, duly qualified electors.— 

Act 2 July, 1839, § 129, P. L. 547. 

2. That it shall be held to be the true intent and when time for 
meaning of the act regulating the elections of this presentingpeti- 
commonwealth, approved July second, one thousand eiectionoTsena- 
eight hundred and thirty-nine, that the time for the tor,&c^toeom- 
presentation of a petition contesting the election of a mence to run. 
senator or representative, shall commence to run from 
the receipt of the return of the election of such sena¬ 
tor or representative, by the body to which such re¬ 
turn is made, if such body shall then be organized, 
and if not, then within ten days after such organiza¬ 
tion ; and that in any case of contested election now When and how 
pending in the Senate, the committee for the trial of committee to 
the contest shall be selected and formed by the Senate, be selected in 
on or before twenty-first February instant, by choosing ^g 6 now peiu ” 
six members thereof viva voce, each senator voting for 
no more than three members, and the six highest in 
vote shall be declared selected; the remaining mem¬ 
ber of the committee shall be chosen by lot, in the 
manner following, that is to say: The names of all 
the remaining senators present, except those of the 
speaker and sitting member, shall be written on dis¬ 
tinct pieces of paper, as nearly alike as may be, each 
of which shall be rolled up and put into a box or urn 
by the clerk of the Senate, or some person appointed 
by the Senate to act in his stead, and the box or urn 
shall be placed on the speaker’s desk; the clerk of the 
Senate, or person appointed to act in his stead, having 
thoroughly shaken and intermixed said papers, shall 
draw them out one by one, and the names of the sena¬ 
tors so drawn shall be written down on a separate 
list by one of the clerks, until thirteen names shall 
have been drawn ; a separate list of the thirteen sena¬ 
tors so drawn shall be given to each of the parties to 
the contest, who shall, accompanied by the clerk, or 
other person appointed to act in his stead, immediately 
withdraw to some adjoining room, where they shall 
proceed to strike off alternately the names upon said 
list, until but one name shall be left thereon ; and the 
senator whose name shall remain shall be the seventh 
member of the committee.—Act 21 February, 1S72, § 

1, P. L. 17. 


166 


CONTESTED ELECTIONS. 


[Oliap. V. 


Powers and du- 3- The committee chosen as aforesaid shall be duly 
ties of com- organized and sworn, and all its powers and duties 

mittee. shall be the same as those of a senatorial election 

committee under the aforesaid act of second of July, 
one thousand eight hundred and thirty-nine, and it 
shall proceed in all respects as directed by said act, 
in the hearing and determination of the contest — 


Ibid., § 2. 

How vacancies 4- Any vacancy occurring in said committee shall 

to be filled. be filled as follows : If such vacancy shall be ot a 
member chosen by the votes of senators, it shall be 
filled by a new appointment made in open Senate by 
the same or by a majority of the same senators who 
shall have voted for the member whose place is to be 
filled; if such vacancy shall be of the seventh mem¬ 
ber of the committee chosen as aforesaid by lot and 
challenge, his place shall be filled in the same manner 
as that in which the said seventh member shall have 
been chosen, all the names of the qualified members 
present being first placed in the box or urn, for the 
imrposes of selection ; and any member chosen to fill 
a vacancy shall be duly sworn, and shall perform all 
the duties and possess all the powers of an original 
member of the committee, from the time of his selec- 
Sitting member tion 5 * n 110 case °4 the selection of a committee, or of 
not to vote. the filling of a vacancy, shall the sitting member be 
Senate to ap- permitted to vote; and in case of the absence or re- 
aot^or contest 5 ^ usa ^ ac ^ °4 ^e contestant or of the sitting member, 
ant, &c.^in cer- the Senate shall appoint some person to act in his 
tain cases. stead.— Ibicl ., § 3. 


B. Contested Election of Governor. 

Petitions con- Ia tlie case of a governor, every such petition 

testing election shall be delivered to the speaker of the Senate, who 
of governor, to shall immediately give information thereof to both 
speaker V S € the t0 ^ ouses 1 au( l sucil petition being read in each house, 
Senate. shall be laid on the table, without any question being 

To be read in thereon taken until the two houses shall proceed 
both houses, thereon, which .proceeding shall be as follows.—Act 2 
July, 1839, § 130, P. L. 54£. 

Joint meeting 6. The Senate and House of Representatives, on a 
of both houses, day and hour to be agreed upon between them, not ex¬ 
ceeding five days after the delivery of the petition, 
shall convene in the hall of the House of Representa¬ 
tives, where the petition shall be read by the speaker 
To select com- the Senate; the names of the members of each house 
mittee. shall then be called over by the respective clerks, and 

a quorum of each house being present, a joint com¬ 
mittee shall be formed, as follows: 


CONTESTED ELECTIONS. 


18 7 


Chap. V.] 

I. The names of all the senators present, except the Names of sena- 
speaker, shall be written on distinct pieces of paper, tors to be 

as nearly alike as may be, each of which shall be rolled placed m a hox ‘ 
up, and put into a box by the clerk of the House of 
Eepresentatives, and placed on the speaker’s table. 

II. The clerk of the Senate having shaken and in- To he shaken 
termixed the said papers, shall draw them out one by and placed in 
one, and put them alternately into three boxes, also three boxes - 
placed on the speaker’s table. 

III. When the whole number shall be so distributed, To be shaken 
the clerk of the House of Eepresentatives shall shake and drawn - 
and intermix the papers in each box, and shall draw 
alternately from each box the papers so rolled up, and 

shall deliver them singly to the speaker of the House 
of Eepresentatives. 

IV. The speaker of the House of Eepresentatives to be read, 
shall open the said papers singly, and read aloud the 

name on each, and then deliver the papers singly to 
the speaker of the Senate, who shall place them openly 
on the table. 

V. A member of each house, to be designated for Teller * to take 
the purpose by the respective speakers, shall take down names in 
down in writing the name so called, and shall each of wrltin s- 
them repeat aloud the name he has so written, until 

the number of twelve names be drawn out and written 
down— Ibid., § 131. 

7. The like proceedings shall then be had for the same proceed- 

drawing of twenty-live members of the House of Eep- in s s with re - 
resentatives for the said purpose, excepting— bersH. K? m 

I. That the duties hereinbefore enjoined upon the 
clerk of the House of Eepresentatives shall be per¬ 
formed by the clerk of the Senate. 

II. That the duties hereinbefore enjoined upon the 
clerk of the Senate, shall be performed by the clerk 
of the House of Eepresentatives. 

III. That the duties hereinbefore enjoined upon the 
speaker of the House of Eepresentatives, shall be per¬ 
formed by the speaker of the Senate. 

IV. That the duties hereinbefore enjoined upon the 
speaker of the Senate, shall be performed by the 
speaker of the House of Eepresentatives, whose name 
shall not be placed in the box.— Ibid., % 132, P. L. 549. 

8. If any objection be made by either of the parties objections how 
to any member so drawn by lot, such member shall be ma a e . ’ 
discharged and another name shall be drawn to sup¬ 
ply the place, and so on, until the whole number of 

twelve members of the Senate and twenty-five of the 
House of Eepresentatives, shall be completed ; and in 
all cases the members drawn in place of those objected 


1G8 


CONTESTED ELECTIONS. 


When inadmis¬ 
sible. 


Remaining 
names to be 
drawn from 
boxes. 


List of the 
twelve mem¬ 
bers of Senate, 
and twenty-five 
members H. R., 
to be delivered 
to parties. 


How to be 
stricken and re¬ 
duced. 


Joint meeting 
to be continued. 


Names’of mem¬ 
bers joint com¬ 
mittee to be de- 
liyered to 
speaker H. R. 

Oath of mem¬ 
bers c Dm mitter. 


[Chap. Y. 

to, shall be in like manner liable to be set aside and 
others shall be drawn in their places; but if so many 
be set aside by reason of objections, as aforesaid, that 
there shall not remain more than the number, afore¬ 
said, then no further objections shall be admitted.— 
Ibid ., § 133. 

9. When the number aforesaid shall be completed, 
the clerk of the House of Representatives shall draw 
out, one by one, the names of the remaining members 
of the Senate, and deliver them singly to the speaker 
of the House of Representatives, who shall unfold and 
read them aloud; and the clerk of the Senate shall, in 
like manner, draw out the narpes of the remaining 
members of the House of Representatives, and deliver 
them singly to the speaker of the Senate, who shall 
unfold them and read them aloud ; and if any unfair¬ 
ness or mistake shall be then discovered therein, the 
whole proceeding shall be set aside, and the same shall 
be renewed in manner and form hereinbefore directed; 
but after the committee is sworn, no objection for such 
cause shall be received .—I hid ., § 134. 

10. When the proceedings aforesaid shall be con¬ 
cluded, a list of the twelve members of the Senate, 
and a separate list of the twenty-five members of the 
House of Representatives, so drawn, shall be given to 
each of the parties, who shall immediately withdraw 
to some adjoining room, with a clerk or member ap¬ 
pointed by the joint vote of members present, where 
they shall proceed to strike off, alternately, the names 
upon such list, until the number shall be reduced to 
four members of the Senate, and nine of the House 
of Representatives .—I hid., \ 135. 

11. On the parties withdrawing to form such select 
committee, the members of both houses shall continue 
convened, and the members whose names shall have 
been drawn out of the boxes, shall not depart the con¬ 
ference room without leave, until the time and place 
for the meeting of the select committee shall be fixed, 
as hereinafter provided.— Ibid., § 136, P. L. 550. 

12. Within one hour from the time of withdrawing, 
as aforesaid, the parties shall deliver to the speaker of 
the Senate the names of the said four members of the 
Senate, and nine of the House of Representatives, re¬ 
maining on the list, who shall then respectively take 
an oath or affirmation, to be administered by the 
speaker of the Senate, to “ try the matter of the peti¬ 
tion, and to give a true judgment thereon according 
to the evidence, unless the committee shall be dis¬ 
solved.”— Ibid., <§> 137. 


CONTESTED ELECTIONS. 


Chap. V.] 


1(50 


13. The time and place for the meeting of the select Time and place 
committee, so appointed, shall then be directed by the of meeting of 
joint vote of the members of both houses, which time committee - 
shall be within twenty-four hours of the appoint¬ 
ment.— Ibid., § 138. 

14. If any person appointed a member of such se- Members may 
lect committee shall, at the time of such appointment, be excused, and 
swear or affirm that he cannot without great incon- substi - 
venience serve on such committee he shall be excused, 

and in such case another shall be substituted. But if Member of 
any member of such committee shall neglect to attend committee ne- 
upon the committee, his name shall be reported in tend. mg t0 at ~ 
writing to the house of which he shall be a member, 
and unless satisfactory reasons be given for his non- 
attendance, he shall be reprimanded by the speaker To be repri- 
of the house of which he is a member.— Ibid., % 139. manded. 

15. The select committee so chosen shall, on their Cliairman of 
first meeting, elect a chairman from among themselves, select commit- 
and in the event of the death or unavoidable absence tee to be 

of such chairman, they shall choose another in his chosen ' 
place, and if in any such election there shall be an 
equal number of votes, the member whose name was 
first drawn shall have a casting vote.— Ibid., % 140. 

16 . The select committee shall sit from day to day, sittings of 
Sundays excepted, at such hours as shall not interfere committee, 
with their attendance in the legislature, but unless 

nine of their number be present, the committee, after Quorum, 
waiting one hour, shall adjourn to the next day; and 
if the number of the committee shall unavoidably be 
reduced to less than nine members, and shall so con¬ 
tinue'for the space of three days, Sundays excepted, Whencomnuf- 
the committee shall be dissolved, and another shall be solved. 6 18 
chosen in manner aforesaid: Provided, That when the Proviso 
two houses shall stand adjourned for more than three 
days the committee may adjourn to the same time.— 

Ibid,, § 141. 

17. The select committee shall have power to send Powers of the 
for persons, papers and records, and to compel the at- committee, 
tendance of, and examine all witnesses who may come 

before them, upon oath or affirmation, which the chair¬ 
man or clerk of the committee may administer in their 
presence, and to decide not only on the validity of 
such contested election, but also which of the candi¬ 
dates had the greatest number of legal votes.— Ibid., 

§ 142, P. L. 551. 

18. When it is proven to the satisfaction of said com- IUegal voters to 
mittee that any person, not a legally qualified voter, to tell for whom 
voted at any such contested election, it shall be lawful the y vot€d> 
for said committee to compel said voter to disclose, 


170 


CONTESTED ELECTIONS. 


When doors of 
committee 
room to be 
open. 

Majority of the 
whole number 
to decide. 


Reports. 


Report in favor 
of a candidate. 


When a new 
election to be 
ordered. 

Writs of elec¬ 
tion. 


Notice. 


Selection of 
committee to 
try contested 
election of 
senator. 


Powers of com¬ 
mittee. 


[Chap. V. 


under oath, for which of the respective candidates lie 
voted, (a) But when the committee examine the wit¬ 
ness on oath as to the person or persons for whom lie 
voted, and said witness on such examination discloses 
the name of the person or persons for whom he voted 
at such election, he shall not afterwards be presented 
for having illegally voted at such election.— Ibid .,§ 143. 

19. The doors of the room in which the select com¬ 
mittee shall meet shall remain open during the exam¬ 
ination of witnesses, but may be shut at any other 
time. All determinations of such committee shall be 
by a majority of the whole number appointed, and as 
soon as the committee shall have agreed upon the 
same, the chairman shall make two reports thereof in 
writing, one of which shall be delivered to the speaker 
of the Senate, and the other to the speaker of the House 
of Representatives; which reports shall be entered on 
the journals of the respective houses, and shall be 
final and conclusive.— Ibid., § 144. 

20. If the committee, or a majority thereof, as afore¬ 
said, shall report that either of the candidates had the 
greatest number of legal votes and ought to be ad¬ 
mitted to the office, such candidate shall thereupon 
be entitled to such office.— Ibid., § 145. 

21. If the committee, or a majority thereof, as afore¬ 
said, shall report that such election or return is invalid, 
a new election shall take place on the second Tuesday 
in October ensuing, agreeable to the constitution, of 
which the speaker of the Senate and speaker of the 
House of Representatives shall immediately give no¬ 
tice by their joint writ, directed to the sheriffs of the 
respective counties; and the sheriffs of the respective 
counties shall give due notice thereof according to law. 
Ibid., § 14G. 

0. Members of the Legislature. 

22. Every petition, as aforesaid, complaining of an 
undue election or false return of a member of the Sen¬ 
ate shall be delivered to the speaker of the Senate, and 
thereupon the like proceedings shall be had in the 
Senate in selecting a committee of such house by lot, 
and the like powers and authorities shall be vested in 
the Senate, in relation to such committee; and the 
said committee shall have the like powers and author- 

(a) Illegal voters may be compelled to disclose for whom they voted ; 
but legal qualified voters cannot be thus interrogated, although their 
votes Were polled after the hour for closing the polls had arrived.—4 P. 
L. J. 341, 3 Y. 66. A qualified voter may, however, voluntarily appear 
and disclose, on oath, for whom he voted.- 2d Par. 653, 5S6, Cl. & Hall 
520. 



CONTESTED ELECTIONS. 


171 


Chap. V.] 

ities, and be subject to the like rules and regulations, 
as are hereinbefore directed in case of a contested elec¬ 
tion of a governor, excepting— 

I. That the several duties which are hereinbefore 
directed to be performed in such case by the speaker 
of the Senate and the speaker of the House of Repre¬ 
sentatives shall be performed by the speaker of the 
Senate. 

II. That the several duties which are hereinbefore 
directed to be performed in such case by the clerk of 
the Senate and the clerk of the House of Representa¬ 
tives, shall be performed by the clerk of the Senate. 

III. That the number of members of the Senate 
first taken out by lot shall be thirteen, and that the 
select committee shall consist of seven members, and 
shall not be dissolved unless reduced to less than five 
members.— Ibid., % 147. 

23. Every petition, as aforesaid, complaining of an Selection of 
undue election or a false return of a member of the committee to 
House of Representatives, shall be delivered to the try contested 
speaker thereof, and thereupon the like proceedings ^®^ber h e 
shall be had in such House in selecting a committee 
thereof by lot, and the like powers and authorities 

shall be vested in such House in relation to such com¬ 
mittee; and such committee shall have the like pow- p owersof com _ 
crs and authorities, and be subject to the like rules mittee. 
and regulations, as is hereinbefore directed in the case 
of contested elections of a governor, excepting— 

I. That the several duties which are hereinbefore 
directed to be performed in such case by the speaker 
of the Senate and the speaker of the House of Repre¬ 
sentatives, shall be performed by the speaker of the 
House of Representatives. 

II. That the several duties which are hereinbefore 
directed to be performed in such case by the clerk of 
the Senate and the clerk of the House of Representa¬ 
tives, shall be performed by the clerk of the House of 
Representatives. 

III. That the number of the members of the House 
of Representatives, first taken out by lot, shall be 
seventeen, and ^hat the select committee shall consist 
of nine members, and shall not be dissolved unless re¬ 
duced to less than seven members.— Ibid., % 148, P. L. 

552. 

24. If the committee or a majority of them, as afore- lleport in favor 
said, shall report that either of the candidates had the of a candidate, 
greatest number of legal votes and ought to be ad¬ 
mitted to his seat, such candidate shall thereupon be 

entitled to such seat; but if they shall report that 


172 


CONTESTED ELECTIONS. 


[Chap. v. 


Report that 
election is in¬ 
valid. 


Duty of court 
of common 
pleas or judge 
relative to talc¬ 
ing testimony 
in cases of con¬ 
tested elections 
of members of 
the general 
assembly. 


Proviso. 


Proviso. 


Relative to the 
payment of 
costs. 


Proviso. 


such election is invalid, a new election shall be directed 
and held to fill the vacancy, in the manner hereinbe* 
fore provided in case of vacancies in either branch of 
the legislature .—I did ., § 149, P. L. 553. 

25. That it shall be lawful for any court of common 
pleas, or any judge thereof, in vacation, on the filing 
of a petition with the prothonotary thereof, setting 
forth that an undue election has been had, or false re¬ 
turn made of a person elected member of the Senate 
or House of Representatives of this commonwealth, 
and specifying the facts upon which such petition is 
based, signed by at least ten qualified electors of the 
proper senatorial or representative district, at least 
five of whom shall have been sworn or atfirined, that the 
facts therein set forth are true to the best of their knowl¬ 
edge and belief, to issue a commission to take the tes¬ 
timony of such witnesses as the petitioners or re¬ 
spondent may desire, before such competent authority, 
and at such times and places as shall seem just and 
convenient, with such subpoenas as may be necessary; 
and any such commissioner may compel the attend¬ 
ance of any witnesses duly subpoenaed by attachment 
or otherwise: Provided , That no such commission shall 
issue till after five days’ notice of the filing of such 
petition, with a copy thereof, has been served upon 
the person returned as elected as aforesaid, personally, 
or by leaving at his dwelling with some member of 
his family, nor in case he resides in another county, 
until ten days after such notice: And provided further , 
That the testimony taken on such commission shall be 
confined to the specific allegations of the petition and 
the rebuttal thereof.—Act 11 April, 1859, § 1, P. L. 
495. 

2G. That the petitioners shall pay the cost of any 
such commission and of the witnesses they may have 
in attendance; and the person against whose election 
such petition is filed, shall pay the cost of such wit¬ 
nesses as he may have in attendance, to be taxed by 
the commissioner and return thereof made to the 
proper court; but all costs so paid as aforesaid, shall 
be finally paid to said petitioners and respondent in 
the same manner as is now by law provided in cases 
of contested elections for members of the Senate and 
House of Representatives: Provided , That in case 
such contest is not pursued at the proper session ot 
the general assembly, in the manner provided by law, 
judgment may be rendered, on motion, in the proper 
court of common pleas, against such petitioners, joint- 


CONTESTED ELECTIONS. 


173 


Chap. V.] 

ly and severally, for all costs which shall have ac¬ 
crued.— Ibid ., § 2, P. L. 496. 

27. That it shall be the duty of the prothonotary to 
certify all depositious taken and proceedings hail in 
court, under this act, and hold the same subject to the 
direction or order of the speaker of the proper house 
of the general assembly,; and all depositions so taken 
shall be deemed legal evidence, subject to the usual 
rules of evidence, before any committee of the proper 
house, selected to decide any such contested election. 
Ibid., § 3. 

D. Parties and Witnesses. 

28. In all contested elections as aforesaid, the per¬ 
son returned and the candidate next highest in votes 
shall be the parties in the trial thereof; and in case 
of the absence or neglect of such candidate, any one 
of the petitioners duly qualified, taking precedence 
according to the order in which they have signed the 
petition, shall be considered one of the parties.—Act 
2 July, 1839, § 150 P. L. 553. 

29. If either or both of the parties shall, fail to at¬ 
tend, for the purpose of objecting to and striking from 
the names drawn, as is hereinbefore provided, the mem¬ 
bers of the Senate and House of the Representatives 
jointly, or the members of either house separately, as 
the case may require, shall appoint one of their own 
number in the place of either or both of the said par¬ 
ties so neglecting to attend; which member or mem¬ 
bers so appointed shall have full power and authority 
to do and perform every act and thing touching the 
same, in as valid and eifectual a manner as if the 
party or parties were personally present.— Ibid., § 151. 

30. Every witness sent for, and attending the trial 
of any contested election as aforesaid, shall be al¬ 
lowed six cents for every mile of the distance neces¬ 
sarily traveled by him in coming to and returning from 
the place of trial, and shall also be allowed the sum 
ot‘ one dollar and thirty-three cents for every day he 
may be detained at the place of such trial; which 
mileage and expense, as well as the expense of summon¬ 
ing such witness, shall be taxed by the select committee 
and certified by their chairman to the speaker of one or 
both houses, as the case may require; (a) and the 

(a) By act 2 April, 1856, all witnesses before any committee of the 
legislature, are to receive the same compensation and mileage; the 
sergeant-at-arms, or other person serving subpoenas is to receive fifty 
cents for serving each witness, and six cents mileage, and the clerk 
of any such committee, three dollars per diem, for each day necessarily 
employed in the discharge of his duties.—P. L. 223. 


Duty of pro¬ 
thonotary. 


Parties to the 
trial of con¬ 
tested election. 


Proceeding 
when parties 
fail to attend. 


Pay of wit¬ 
nesses. 


Expenses to be 
taxed. 



174 


By whom to be 
paid. 


Judges of su¬ 
preme court, 
and others 
learned in the 
law. 


J urisdiction of 
courts of quar¬ 
ter sessions. 


Petitions of un¬ 
due election or 
false return, &c. 


CONTESTED ELECTIONS. [Chap. V. 

amount thereof, the same being first approved by the 
house or houses to which such certificate may be 
made, shall be paid by the treasurer of the county or 
counties in which the facts complained of took place, 
if such facts be substantiated; or by the treasurer of the 
county or counties in which the facts complained of 
took place, if such facts be substantiated; or by the 
treasurer of the county or counties in which the peti¬ 
tioners shall reside, if the statements in thd petition 
shall not be substantiated, on orders drawn by the 
speaker of either or both houses, as the case may re¬ 
quire.— Ibid ., § 152. 

E. Judges of tiie Courts. 

31. That the election of any person as judge of the 
supreme court, or other judge required to be learned 
in the law, may be contested on the petition of the 
qualified voters of this commonwealth, or of the pro¬ 
per district, by the same tribunal and in the same 
manner and under the same regulations and restric¬ 
tions prescribed by the act hereinbefore cited for con¬ 
testing the election of any person as governor of this 
commonwealth.—Act 15 April, 1851, § 13, P. L. G50. 

32. That the court of quarter sessions of every 
county shall have jurisdiction to hear and determine 
all cases in which the election of any person as asso¬ 
ciate judge shall be contested: Provided , That no 
judge of any court shall sit as judge thereof during 
the contest of his own election.— Ibid., § 14. 

33. That upon the petition, in writing, of at least 
twenty qualified electors of the proper county, verified 
by the affidavit of at least two of the petitioners, com- 
ifiaining of an undue election or false return of any 
person as associate judge of any court, the court hav¬ 
ing jurisdiction shall appoint a suitable time for hear¬ 
ing such complaint, notice of which shall be given to 
the person returned as elected at least ten days before 
such hearing; and such court shall have all the pow¬ 
ers in tbe premises conferred upon the courts of quar¬ 
ter sessions by the act hereinbefore cited for the trying 
of cases of contested elections of county and township 
officers, (a) — Ibid., § 15. 

F. County and Township Officers. 

34. The several courts of quarter sessions shall have 
jurisdiction to hear and determine all cases in which 


(a) Post, §§ 34, 35 and 36. 



CONTESTED ELECTIONS. 


175 


Chap. V.] 

the election of any county or township officer, (a) by Courts of Q. s. 
the Citizens in the respective county, may be contested. to tr ? contested 
(I ?)—Act 2 July, 1839, § 153, P. L. 554. countyand 

35. Upon the petition in writing of at least twenty township offi- 
qualified electors of the proper county, or township, (c) cers ; 

as the case may be, complaining of an undue election Petltlon> 

(d) or false return of any such officer, the court shall 
appoint a suitable time for hearing such complaint, Hearing, 
notice of which shall be given to the person returned, 

at least ten days before such hearing: Provided , That p roviso> 
no order shall be taken on such petition, unless it be 
accompanied by the oath or affirmation of at least two 

(e) of such petitioners, setting forth that the facts 
therein stated are true to the best of their knowledge 
and belief.— Ibid., § 154. 

36. The respective courts’of quarter sessions shall Power of courts 
have authority to compel the attendance of any officer in the premises, 
of such election, and of any other person capable of 
testifying concerning the same, and also to compel the 
productions of all books, papers, (f) tally lists, tickets 

(q) and other documents which may be required at 
such hearing, (h) in like manner, and to the same ex¬ 
tent as in other cases litigated before such court, and 
shall have all the powers which are conferred upon 
committees of the legislature, by the several provi¬ 
sions of this act. (i)— Ibid., % 155. 

37. Every person who shall be subpoenaed and at- Pay of wit- 
tend or be examined at such hearing, shall be entitled nesses - 

to receive the same daily pay and mileage as are by * 
law allowed to witnesses attending such court in other 
cases, which shall be paid out of the treasury of the 


(a) This does not give the courts power to decide on contested elec¬ 
tions of inspectors and judges.—Scranton borough election, Q. S. Lu¬ 
zerne county, 15 May, 1858, M. S. 

(&) See 6 W. & S. 209, 3 P. L. J. 310. 

(c) In a contested election case, the party having the next highest 
number of votes , and who is contesting the right of the officer elect, 
has no power to discontinue the proceedings.—Cassidy’s case, Q. S. 
Philadelphia, 15 May, 1857, M. S. 

(d) Unless the petition set forth such facts as would change the re¬ 
sult, the court will not entertain it, or order an investigation—2d Par. 
505,509,537. If it be defective in form or substance, it mav be amended, 
2d Par. 537. And see Phila. R. 199. 

(e) See 2d Par. 521. Ante, chap. IV, § 237, note (a). 

(/) The court will not notice papers filed in the prothonotary’s office, 
not referred to, nor made part of the petition and record.—2d Par. 537. 

(g) They will not order the ballot box to be re-counted, without some 
specific charge or allegation of fraud or mistake, sustained by affida¬ 
vits.—2d Par. 553. 

(/i) They will not direct an issue.—2d Par. 553. 

(i) Ante, §§17 and 18. In case of the contested election of an asses¬ 
sor, they are to decide whether there be a vacancy; but have no power 
to order a new election.—6 W. & S. 209. 



176 


When petition¬ 
ers to pay costs. 


CONTESTED ELECTIONS. [Chap. Y. 

proper county, or township, as the case may be.— 
Ibid., § 156. * 

38. If the judges of such court, or a majority of 
them, shall certify that such complaint was without 
probable cause, the petitioners, and every of them, 
shall be liable for all the costs of such hearing; and 
it shall be the duty of the commissioners of the proper 
county to proceed to recover the same by attachment 
issued from such court, (a) — Ibid., § 157. 


(a) They are, nevertheless, competent witnesses to prove for whom 
they voted.—2d Par. 553. Scranton borough election, Q. S. Luzerne 
county, 15 May, 1858, M. S. 



CHAPTER VI. 


LAWS REGULATING ELECTIONS BY CITIZENS 
IN MILITARY SERVICE. 


A. General Provisions. 

AN ACT to regulate elections byAsoldiers in actual military service, 
approved 25th August, 1864. 

Section 1. That whenever any of the qualified elec- Qualified elec¬ 
tors of this commonwealth shall be in any actual mili- to ™ in actual 
tary service, under a requisition from the President of “cfma/exer- 
the United States, or by the authority of this common- cise the right 
wealth, and as such absent from their place of resi- of suffra g e - 
dence on the days appointed by law for holding the 
general or presidential elections within this state, or 
on the days for holding special elections to fill vacan¬ 
cies, such electors shall be entitled, at such times, to 
exercise the right of suffrage, as fully as if they were 
present at their usual places of elections, in the man¬ 
ner hereinafter prescribed, and whether, at the time 
%of voting, such electors shall be within the limits of 
this state or not; and the right of voting shall not be 
affected in any manner, by the fact of the voter hav¬ 
ing been credited to any other locality than the place 
of his actual residence, by reason of the payment to 
him of local bounty by such other locality. 

Section 2. A poll shall be opened in each company, Polls to be 
composed in whole or in part of Pennsylvania soldiers, opened in each 
at the quarters of the captain or other officer thereof, com P an y- 
and all electors, belonging to such company, who shall 
be within one mile of such quarters on the day of elec¬ 
tion, and not prevented by orders of their commanders, 
or proximity of the enemy, from returning to their 
company quarters, shall vote at such poll, and at no 
other place; officers other than those of a company Votersdetached 
and other votersdetached and absent from their com- from their com¬ 
panies, or in any military or naval hospital, or in any ^ eg 

vessel or navy yard, may vote at such other polls as s Sf &c.? ve\l- 
may be most convenient for them; and when there five to. 

12 

• * 




178 


LAWS FOR CiTIZEVS 


[Cliap. VI. 


Three judges of 
election to be 
chosen. 


Clerks. 

Ballot boxes. 


Ten or more shall be ten or more voters, at anyplace, wlio shall be 
voters unable unable to attend any company poll, or their proper 
p°any te poiC place of election, as aforesaid, the electors present may 
Vote at such open a poll, at such place as they may select, and cer- 
pi & ce as they tify in the poll-book, which shall be a record of the 
may se ect. proceedings at said election, substantially in manner 
and form as hereinafter directed. 
rr . , Section 3. The polls shall be opened as early as 

ing and closing practicable on said day, and remain open at least three 
the polls. hours, and, if necessary, in the opinion of the judges 
of the election, in order to receive the votes of all the 
electors, they may keep the polls open until seven 
o’clock in the afternoon of said day; proclamation 
thereof shall be made at or before the opening of the 
polls and one hour before closing them. 

Section 4. Before opening the poll on the day of 
election, the electors present, at each of the places 
aforesaid, shall elect, viva voce , three persons, present 
at the time, and having the qualifications of electors, 
for the judges of said election, and the judges so 
elected shall then .appoint two of the persons present, 
who shall be qualified to act as clerks of said election; 
and the judges shall prepare boxes or other suitable 
receptacles for the ballots. 

Section 5. Before any vote shall be received, said 
and^cierks, how j uc ^^ es and clerks shall each take an oath or affirma- 
administered, tion that he will perform the duties of judge or clerk 
ttc - (as the case may be) of said election, according to law, 

and to the best of his abilities, and that he will studi¬ 
ously endeavor to prevent fraud, deceit or abuse in 
conducting the same ; which oath or affirmation any^ 
of the said judges or clerks, so elected or appointed, 
may administer to each other; and the same shall be 
in writing, or partly written and partly printed, and 
signed by said judges and clerks, and certified to by 
the party administering the same, and attached to or 
entered upon the poll-book, and there signed and cer¬ 
tified, as aforesaid. 

Section fi. All elections shall be by ballot, and the 
judges of elections may, and upon challenge of any 
voter, shall examine, under oath or affirmation, the 
applicant to vote, (which oath or affirmation any of 
o at h, applicant S aid j U( jge S may administer,) in respect to his right to 
Ihel? quaiifica- vote and his qualifications to vote in the particular 
ward, precinct, city, borough, township or county of 
this state in which he claims residence; and before 
receiving any vote, the judges, or a majority of them, 
shall be satisfied that such applicant is a qualified 
voter of such place. 


Election to be 
by ballot. 

Judges to ex¬ 
amine, under 


tions. 


4 


I 


Chap. VI.] IN MILITARY SERVICE. 179 

Section 7. Separate poll-books shall be kept, and Poll-books,how 
separate returns made for the voters of each city or tobe ke P t * 
county; the poll-books shall name the company and 
regiment, and the place, post or hospital in which such 
election is held; the county, and township, city, bor¬ 
ough, ward, precinct or election district of each voter 
shal 1 be endorsed opposite his name on the poll-books; 
each clerk shall keep one of said poll-books, so that 
there may be a double list of voters. 

Section 8. Each ticket shall have written or printed, Tickets, 
or partly written and partly printed thereon, the names 
of all the officers which may properly be voted tor at 
saM election, for which the said elector desires to vote. 

Sec iton 9. That the judges to whon? any ticket shall Mode of receiv _ 
be delivered shall, upon the receipt thereof, pronounce mg votes, 
with an audible voice the name of the elector, and if 
no objection is made to him, and the judges are satis¬ 
fied that said elector is a citizen of the United States, 
and legally entitled, according to the constitution anti 
laws of this state, to vote at said election, shall imme¬ 
diately put said ticket in the box, or other receptacle 
therefor, without inspecting the names of persons 
voted for ; and the clerks shall enter the name of the clerkg to enter 
elector on the poll-book of his county, ward, precinct, names of voters 
city, borough or township, and the county of his resi¬ 
dence, substantially in pursuance of the form herein¬ 
after given. 

Section 10. At the close of the polls the number Number of 
of voters shall be counted and set down at the foot voters to be 
of the list of voters, and certified’ and signed by the counted, certi- 
judges, and attested by the clerks. fied ’ &c ‘ 

Section 11. After the poll-books are signed, the How votes to 
ballot-box shall be opened, and the tickets therein be counted, 
contained shall be taken out, one at a time, by one of 
the judges, who shall read distinctly, while the ticket 
remains in his hand, the name or names therein con¬ 
tained for the several officers voted for, and then de¬ 
liver it to the second judge, who shall examine the 
same and pass it to the third judge, who shall string 
the vote for each county upon a separate thread, and 
carefully preserve the same; the same method shall 
be pursued as to each ticket taken out, until all the 
votes are counted. 

Section 12. Whenever two or more tickets shall be certain tickets 
found deceitfully folded or rolled together, neither of to be rejected, 
such tickets shall be counted; and if a ticket shall 
contain more than the proper number of names for the 
same office, it shall be considered fraudulent as to all 
of the names designated for that office, but no further. 


180 


LAWS FOR CITIZENS 


[Chap. VC 


Tally lists for 
each county to 
he kept. 


Enumeration of 
votes, &c., 
relative to. 


Form of poll- 
book. 


Section 13. As a checkin counting, each clerk shall 
keep a tally list for each county from which votes shall 
have been received, which tally list shall constitute a 
part of the poll-book. 

Section 14. After the examination of the tickets 
shall be completed, the number of votes for each per¬ 
son in the county poll-books, as aforesaid, shall be 
enumerated under the inspection of the judges, and 
set down as hereinafter provided, in the form of the 
poll-book. 

Section 15. The following shall be substantially 
the form of the poll-books to be kept by the judges 
and clerks of the election, filling in the blanks care- 
fully: 

Poll-book of the election, held on the second Tues¬ 
day of October, one thousand eight hundred and-, 

(or other election day, as the case may be,) by the 

qualified electors of-- county, (or city,) state of 

Pennsylvania, in company , of the - regi¬ 

ment of Pennsylvania volunteers, (or as the case may 
be,) held at (naming the place, post or hospital,) A B, 
0 1), and E F being duly elected as judges of said 
election, and J K and L M being duly appointed as 
clerks of said election, were severally sworn or affirmed 
as per certificates herewith returned. 

Number and names of the electors voting, and their 
county, city, borough, township, ward or precinct of 
residence: 


No. 1, A B,-county of-, township of -. 

No. 2, G D, —-county of-, township of -. 


It is hereby certified that the number of electors for 

-county, Pennsylvania, voting at this election, 

amounts to ——— 


A B, 
G D, 
E F, 


Judges 
of election. 


Attest: 

l m; | 0tato - 


Form of certificate of oath of judges and clerks : 

We, A B, C D and E F, judges of this election, and 
J K and L M, clerks thereof, do each severally swear, 
(or affirm,) that we will duly perform the duties of 
judges and clerks of said election, severally acting as 
above set forth, according to law, and to the best of 











181 


Cliap. VI ] IN MILITARY SERVICE. 

our abilities, and that we will studiously endeavor to 
prevent fraud, deceit or abuse, in conducting the same. 

A B,I 

C D, > Judges. 

33 F,S 

l ii ,} Clerks - 

I hereby certify, that 0 D, E P, judges, and J K 
and L M, clerks, were, before proceeding to take any 
votes at said election, first duly sworn or'affirmed as 

aforesaid. Witness my hand this-day of-—, 

Anno Domini one thousand eight hundred and--—. 

A B, Judge of election. 

I certify, that A B, judge aforesaid, was also so 
sworn or affirmed by me. Witness my hand, the date 
before written. 

J K, Clerk of election. 

Section 16. A return in writing shall be made in Form of re- 
each poll-book, setting forth in words at length the turns, 
whole number of ballots cast for each office, (except 
ballots rejected,) the name of each person voted for, 
and the number of votes given to each person for each 
different office, which return shall be certified as cor¬ 
rect, signed by the judges and attested by the clerks; 
such return shall be substantially as follows : 

At an election held by the electors of company 

-, of the-regiment of Pennsylvania soldiers, 

at (naming the place where the election is held,) there 

were (naming the number in words at length)- 

votes cast for the office of governor, of which A B had 

-votes, 0 D had-votes; for senator,- 

votes were cast, of which E F had-votes, G H 

had -— votes; for representatives,-votes 

were cast, of which J K had-votes, L M had 

-votes; and in the same manner as to any other 

officers voted for. 

At the end of the return the judges shall certify, in 
substance, as follows, giving, if officers, their rank and 
number of their regiment, if privates, the number of 
their regiment and company, viz : 

A true return of the election, held as aforesaid, on 

the-day of-, Anno Domini one thousand 

eight hundred and-. 

A B, Captain company A, One hundred and thirty- 

first regiment Pennsylvania volunteers, 

0 D, company A, One hundred and thirty-first legi- 

ment Pennsylvania volunteers, 




















182 L A.WS FOR CITIZENS [Cliap. VI. 

E F, company A, One hundred and thirty-first regi¬ 
ment Pennsylvania volunteers, 

Judge of election. 

Attest: 

L m’ \ Clerks - 

Judges to trans- Section 17. After canvassing the votes in manner 
mit one of the aforesaid, the judges shall put in an envelope one of 
tally Hst^retum poll-books with its tally list, and return of each 
and tickets to city or county, together with the tickets, and transmit 
prothonotary. the same, properly sealed up and directed, through 
the nearest post office, or by express, as soon as possi¬ 
ble thereafter, to the prothonotary of the court of 
common pleas of the city or county in which such 
electors would have voted, if not in the military ser¬ 
vice aforesaid, (being the city or county for which the 
The other poll- poll-book was kept,) and the other poll-book of said 
book to be de- city or county, enclosed in an envelope, and sealed as 
livered to one aforesaid, and properly directed, shall be delivered Jo 
sioners andTf S " one °f the commissioners hereinafter provided for, if 
not called for such commissioner calls for the same in ten days, and 
by him, to be not so ca lled f or the same shall be transmitted by 
ry of common- mail or by express, as soon as possible thereafter, to 
wealth. the secretary of the commonwealth, who shall care¬ 

fully preserve the same, and on demand of the proper 
prothonotary, deliver to said prothonotary, under his 
hand and official seal, a certified copy of the return of 
votes so transmitted to and received by him, for said 
city or county, of which the demandant is prothonotary. 
Prothonotaries Section 18. It shall be the duty of the prothonotary 
turaT’udVs 0 ”" count y whom such returns shall be made, to 

certified copy deliver to the return judges of the same county, a copy, 
of returns. certified under his hand and seal, of the return of votes 
so transmitted to him by the judges of the election, as 
aforesaid, or as officially certified by the secretary of 
the commonwealth, as aforesaid, to said prothono- 
tarj;. (a) 


(ct) The common pleas sitting in equity has not jurisdiction to re¬ 
strain the prothonotary from transmitting returns of the soldiers' vote 
to the return judges, and thus determine collaterally the rights of cer¬ 
tain persons who claim certain offices. Returns being in due form of 
law and regular upon their face .—Lawrence vs. Knight , 4 Phila. R. 355. 

The duty of the prothonotary in respect to returns of the soldiers’ 
vote explained.— Id. 

The return judges cannot go behind the certificate of company re¬ 
turns delivered to them by the prothonotary.— Id. 

The returns being regular in form, and no question of fact being 
made in the answer to the mandamus.— Id. 

Return judges have no right to discriminate against returns sent in 
by the prothonotary on the ground of fraud, the returns being regular 
on their face.—Commonwealth vs. Tree , 4 Phila. R. 3(32. 

The court will compel the return judges to count the votes by man¬ 
damus.— Id. 



Oliap. VI ] IN MILITARY SERVICE. 18 * 

Section 19. Tlie return judges of tlie several conn- Meeting of re¬ 
ties, shall adjourn to meet at the places now directed turn judges, 
by law, on the third Friday after any general or presi¬ 
dential election, for the purpose of counting the sol¬ 
diers’ vote; and when two or more counties are con¬ 
nected in the election, the meeting of the judges from 
each county shall be postponed, in such case, until the 
Friday following. 

Section 20. The return judges, so met, shall include Their duties, 
in their enumeration the votes so returned, and there¬ 
upon shall proceed, in all respects, in the like manner 
as is provided by law, in cases where all the votes 
shall have been given at the usual place of election: 

Provided , That the several courts of this common- courts to deter- 
wealth shall have the same power and authority to in- mine ail ques- 
vestigate and determine all questions of fraud or ille- o r °5i e of a j^ aud 
gality in relation to the votiug of the soldiers, as are ° r 1 ega 1 
now vested in said courts with regard to questions of 
fraud and illegality arising from the voting of persons 
not in military service, under the present laws relat¬ 
ing thereto. 

Section 21. In elections for electors of President Dutyof thesec _ 
and Vice President of the United States it shall be the retary of the 
duty of the secretary of the commonwealth, to lay be- commonwealth 
tore the governor all returns received by him trorn any returns for 
election, as aforesaid, who shall compare the same with presidential 
the county returns, and add thereto all such returns electors - 
as shall appear, on such comparison, not to be con¬ 
tained in said county returns, in every case where said 
military returns for such counties shall have been re¬ 
ceived by said secretary at a period too late for trans¬ 
mitting them to the proper protlionotary, in time for 
the action of the judges of said counties. 

Section 22. All said elections shall be subject to contested eiec- 
contest in the same manner as is row provided by tions, relative 
law; and in all cases of contested elections, all legal to - 
returns which shall have been, Iona fide , forwarded by 
said judges, in the manner hereinbefore prescribed, 
shall be counted and estimated although the same may 
not have arrived or been received by the proper offi¬ 
cers, to be counted and estimated in the manner here¬ 
inbefore directed, before issuing the certificates of elec¬ 
tion to the persons appearing to have a majority of 
the votes then received; and the said returns shall be 
subject to all such objections as other returns are lia¬ 
ble to' when received in due time. 

Section 28. It shall be, the duty of the secretary of Dutieg of the 
the commonwealth to cause to be printed a sufficient secretary of the 
number of copies of this act, with such extracts from commonwealth 


184 


LA,WS FOR CITIZENS 


[Oliap. VI. 


Governor au- 
rhprized to 
appoint com¬ 
missioners. 


Oath to be 
taken. 


Penalty for vio¬ 
lation of same 
or neglect of 
duty. 


the general election law, as shall be deemed impor¬ 
tant to accompany the same, and blank forms of poll- 
books with tally lists and returns, as prescribed in this 
act, which, with the necessary postage stamps to de¬ 
fray expenses and postage on returns, shall in suffi¬ 
cient time, before any such election, be forwarded by 
said secretary, at the expense of the commonwealth, 
by commissioners or otherwise, as shall be deemed 
most certain to insure delivery thereof, to the captain 
or commanding officer of each company, or in case of 
detached voters, to the officer having charge of the 
post or hospital, who shall retain the same until the 
day of election, and then deliver the same to the 
judges elected, as provided in this act: Provided , 
That no election shall be invalidated by reason of the 
neglect or failure of the said secretary to cause the 
delivery of said poll-books to the proper persons, as 
aforesaid. 

Section 24. That for the purpose of more effectu¬ 
ally carrying out the provisions of this act, the gov¬ 
ernor shall have power to appoint and commission, 
under the great seal of the commonwealth, such num¬ 
ber of commissioners, having the qualifications of an 
elector, in this state, as he shall deem necessary, not 
exceeding one to each regiment of Pennsylvania sol¬ 
diers in the service of this state or of the United 
States, and shall apportion the work among the com¬ 
missioners and supply such vacancies as may occur in 
their number; such commissioners, before they act, 
shall take and subscribe an oath or affirmation, and 
cause tne same to be filed with the secretary of the 
commonwealth, to the following: ‘‘I,-, ap¬ 

pointed commissioner under the act to regulate elec¬ 
tions by soldiers in actual military service, do solemnly 
swear, (or affirm,) that I will support the constitution 
of the United States and the commonwealth of Penn¬ 
sylvania, and impartially, fully, and without reference 
to political preferences or results, perform, to the best 
of my knowledge and ability, the duties imposed on 
me by the said act; and that I will studiously endea¬ 
vor to prevent fraud, deceit and abuse, not only in the 
elections to be held under the same, but in the returns 
thereof.” And if any commissioner, appointed by or 
under this act, shall knowingly violate his duty, or 
knowingly omit or fail to do his duty under this act, 
or violate any part of his oath or affirmation, he shall 
be liable to indictment tor perjury, in the proper 
county, and, upon conviction, shall be punished by a 
fine, not exceeding one thousand dollars, or imprison- 



Chap. VI.] IN MILITARY SERVICE. 


185 


rnent in the penitentiary, at labor, not exceeding one 
year, or both, in the discretion of the court. 

Section 25. It shall be the duty of such commis- Duties of com- 
sioners to deliver, as far as practicable, at least four missioned, 
of the copies of this act, and other extracts of laws, 
imblished as hereinbefore directed, and at least two 
blank forms of poll-books, tally lists and returns, en¬ 
trusted to them, as mentioned in the twenty-third 
section of this act, to the commanding officers of 
every company or part of company of Pennsylvania 
soldiers, in the actual military or naval service of the 
United States or of this state; and to make suitable 
arrangements and provision for the opening of polls 
under this act; it shall also be the duty of said com¬ 
missioners, as soon as practicable after the day of elec¬ 
tion, to call upon the judges of the election and pro¬ 
cure one poll-book, containing the returns of the elec¬ 
tion, and safely to preserve the same, not only from 
loss, but from alteration, and deliver the same, with¬ 
out delay, to the secretary of the commonwealth. 

Section 2G. Said commissioners shall receive, in Their compen- 
full compensation for their services under this act, ten sation, how to 
cents per mile in going to and returning from their be paul * 
respective regiments, estimating the distance of travel 
by the usually traveled route; and it is hereby made 
the duty of the auditor general and state treasurer to 
audit and pay the accounts therefor, in the same man¬ 
ner as other claims are now audited and paid by law ; 
all commanding and other officers are requested to aid Commanding 
the commissioners herein appointed, and to give them £®i^roper Ve 
all proper facilities to enable them to carry out the faciiities. P 
design and intention of this act: 

Section 27. No mere informality in the manner of informalities 
carrying out or executing any of the provisions of to in ^ ah ' 
this act, shall invalidate any election held under the a e 0 cc ‘ lons ’ 
same, or authorize the return thereof to be rejected 
or set aside ; nor shall any failure on the part of the 
commissioners to reach or visit any regiment or com¬ 
pany, or part of company, or the failure of any com¬ 
pany or part of company to vote, invalidate any elec¬ 
tion which may be held under this act. 

Section 28. The several officers authorized to con- Powers of eiec- 
duct such election, shall have the like powers, and 
they, as well as other persons who may attend, vote, rdative^to. 
or offer to vote, at such election, shall be subject to 
the like penalties and restrictions as are declared or 
provided in the case of elections by the citizens at 
their usual places of election ; and all the provisions genSaUaws 
of the general election laws of this state, so far as ap- extended to. 


LAWS FOR CITIZENS 


18(5 


[Chap. VL 


plicable and not inconsistent with the provisions of 
this act, nor supplied thereby, shall apply to all elec¬ 
tions held under this act. 

No compensa- Section 29. No compensation shall be allowed to 
non to judges aD y i u( ]oe or clerk under this act. 

Sheriff to trans Section 30. When the sheriff of any city or county 
mitCopies r <of lS ” shall issue his proclamation for an election for a 
proclamation presidential, congressional, district, city, .county or 
omcem mandins s * ate election, under the laws of this state, he shall 
transmit immediately copies thereof to the field offi¬ 
cers and senior captains in the service aforesaid from 
said city or county. 

Appropriation. Section 31. The sum of fifteen thousand dollars, or 
so much thereof as may be necessary, is hereby ap¬ 
propriated from the general revenue, to be paid upon 
the order of the secretary of the commonwealth, to 
carry this law into effect. 

Electors, less Section 32. When any of the electors mentioned 
than ten in in the first section of this act, less than ten in num- 

bers b of compa- ^ er » be members of companies of another state 
nies of another or territory, or for any sufficient and legal cause shall 
state, or separa- \ )e separated from their proper company, or shall be 
eompanTesJmay an y hospital, navy yard, vessel, or on recruiting, 
vote in the man- provost or other duty, whether within or without this 
ner following. s tate, under such circumstances as shall render it 
probable that he or they will be unable to join their 
proper company, or to be present at his proper place 
of election on or before the day of the elections therein 
mentioned, said elector or electors shall have a right 
to vote in the following manner: 

Mode of voting. Section 33. The voter aforesaid is hereby author¬ 

ized, before the day of election, to deposit his ballot 
or ballots, properly folded, as required by the general 
election laws of this state or otherwise, as the voter 
may choose, in a sealed envelope, together with a 
written or printed, or partly written and partly printed, 
statement, containing the name of the voter, the 
county, township, borough or ward of which he is a 
resident, and a written or printed authority, to some 
qualified voter in the election district of which said 
voter is a resident, to cast the ballots contained in said 
envelope, for him, on the day of said election; said 
statement and authority to be signed by the said 
voter, and attested by the commanding or some com¬ 
missioned officer of the company of which he is a 
member, in the case of a private, and of some com¬ 
missioned officer of the regiment, in the case of offi¬ 
cer, if any such officers are conveniently accessible, 
and if otherwise, then by some other witness; and 


18 


Chap. VI.] IX MILITARY SERVICE. 

there shall also accompany said ballots an affidavit of 
said voter, taken before some one of the officers afore¬ 
said, and in the absence of such officers, before some 
other person duly authorized to administer oaths, by 
any law of this state, that he is a qualified voter in 
the election district in which he proposes to vote, that 
he is in the actual military service of the United States, 
or of this state, describing the organization to which 
he belongs, that he has not sent his ballots to any 
other person or persons than the one in such author¬ 
ity mentioned, that he will not offer to vote at any 
poll which may be opened on said election day, at any 
place whatsoever, and that he is not a deserter, and 
has not been dishonorably dismissed from the service, 

and that he is now stationed at-, in the state 

of-; said sealed envelope, containing the bal¬ 

lots, statement, authority and affidavit as aforesaid, 
to be sent to the proper x>erson, by mail or otherwise, 
having written or printed on the outside, across the 
sealed part thereof the words, “Soldier’s ballot for 

-township, (borough or ward,) in the county ot 

-” (a) 


(a) The following forms have been adopted and used under this sec¬ 
tion : 


STATEMENT AND AUTHORITY. 

I,-, do hereby state, that I am a qualified elector of the com¬ 

monwealth of Pennsylvania, now in actual military service, under the 
requisition of the President of the United States, and as such, absent 

from my place of residence, which is in-, in-county, in the 

said commonwealth of Pennsylvania ; being in the --regiment of 

-soldiers, and being now in-, and for sufficient and legal cause 

separated from my proper company,-on-duty, under such cir¬ 

cumstances as render it probable that 1 will be unable to join my said 

company, or to be present at my proper place of election on the- 

day of-next; there being less than ten in number of such elec¬ 
tors in the said-, at -. And I, the said -, do hereby 

authorize and empower-, being a qualified voter in the election 

district aforesaid, of which I am a resident, to cast the ballots con¬ 
tained in the envelope hereof, for me, on the day of the election afore¬ 
said. Signed by me in witness thereof at-, on the-day of-, 

in the year one thousand eight hundred and sixty-four. 

Attested bv me 
of 

AFFIDAVIT. 

I, the aforesaid-, do swear that I am a qualified voter in the 

election district aforesaid, in which I propose to vote ; that I am in the 
actual military service of the United States, in - of the-regi¬ 
ment of soldiers, -that I have not sent my ballots to any other per¬ 
son or persons than the said-in the aforesaid authority mentioned; 

that I will not offer to vote at any polls which may be opened, on the 
aforesaid election day, at any place whatsoever; that 1 am not a deser¬ 
ter; that I have not been dishonorably dismissed from the service, and 
that I am now stationed at-, in the state of-. 

Sworn and subscribed by the said-, before me,-of-, in 

the regiment of soldiers. In witness whereof, I have here¬ 
unto set my hand, at , in the state of , the day of , one 

thousand eight hundred and sixty-four. 








































188 


LAWS FOR CITIZENS 


[Chap. VI. 


How. such votes 
to be delivered, 
counted, &c. 


The right of 
such persons to 
vote may be 
challenged. 

Penalty for offi¬ 
cers refusing to 
receive, or elec¬ 
tors neglecting 
to present such 
ballots. 


Penalty for 
false sweaiing. 


Secretary of 
commonwealth 
to furnish blank 
forms. 


Affidavits of 
electors in hos¬ 
pitals, vessels, 
Ac., relative to. 


Section 34 . The elector to whom such ballot shall 
be sent, shall, on the clay of election, and whilst the 
polls of the proper district are open, deliver the en¬ 
velope so received, unopened, to the proper election 
officer, who shall open the same in the presence of the 
election board, and deposit the ballots therein con¬ 
tained, together with the envelope and accompanying 
papers, as other ballots are deposited, and said board 
shall count and canvass the same in the same manner 
as other votes cast at said election; and the person 
delivering the same may, on the demand of any elec¬ 
tor, be compelled to testify, on oath, that the envelope 
so delivered by him is in the same state as when re¬ 
ceived by him, and that the same has not been opened, 
or the contents thereof changed or altered in any way 
by him or any other person. 

Section 35. The right of any person thus offering 
to vote at any such election may be challenged for 
the same causes that it could be challenged if he were 
personally present, and for no other reason or cause. 

Section 36. Any officer of any general or special 
election in this state, who shall refuse to receive any 
such envelope, and deposit such ballots, or to count 
and canvass the same, and any elector who shall re¬ 
ceive such envelope, and neglect or refuse to present 
the same to the officers of the election district en¬ 
dorsed on the said envelope, shall be guilty of a mis¬ 
demeanor, and on conviction thereof shall be punished 
by imprisonment in the state prison not exceeding one 
year, and by line not exceeding five hundred dollars, 
or either, or both, in the discretion of the court. 

Section 37. Any person who shall wilfully and cor¬ 
ruptly make and subscribe any false affidavit, or make 
any false oath, touching any matter or thing provided 
in this act, shall be deemed guilty of a wilful and cor¬ 
rupt perjury, and upon conviction thereof, shall be 
punished by imprisonment in the state penitentiary, 
not exceeding five years, and by fine, not exceeding 
one thousand dollars, or by either, or both, in the dis¬ 
cretion of the court. 

Section 38. That it shall be the duty of the secre¬ 
tary of the commonwealth to prepare the necessary 
blank forms to carry out the provisions of this act, 
and to furnish the same foe the use of the persons so 
engaged in the military service aforesaid. 

Section 39. In case any qualified elector, in mili¬ 
tary service aforesaid, may be in any hospital, mili¬ 
tary or naval, or in any vessel or navy yard, the state¬ 
ments and affidavits, in this act mentioned, may be 


189 


Chap. VI.] IX MILITARY SERVICE. 

witnessed by, and made before, any officer of the ves¬ 
sel, navy yard, or other place, in which said voter is, 
for the time being, engaged. 

Section 40. It shall be the duty of every assessor, Duties of asses- 
withiu this commonwealth, annually, to assess and re- sor - 
turn, in the manner now required bylaw, a county tax 
of ten cents upon each and every non-commissioned 
officer and private, and the usual taxes upon every 
commissioned officer, known by them to be in the 
military service of the United States, or of this state, 
in the army; and when any omission shall occur, the 
omitted names shall be added, by such assessors, to 
the assessments and lists of voters, on the application 
of any citizen of the election district or precinct 
wherein-such soldier might, or would have a right to 
vote, if not in such service as aforesaid; and such 
non-commissioned officers and privates shall be ex¬ 
empt from all other personal taxes during their con¬ 
tinuance in such service ; and said assessors shall, in 
each and every case of such assessed soldiers or offi¬ 
cers, without fee or reward therefor, give a certifi¬ 
cate of such regular or additional assessment, to any 
citizen of the election district or precinct, who may at 
any time demand the same; and upon the presenta¬ 
tion thereof to the tax collector of said district, or Duties of co] . 
the treasurer of said county, it shall be the duty of lectors and 
such officer to receive said assessed tax of, and from, tred ' 
any person offering to pay the same for the soldier or 
officer therein named, and to endorse upon such certi- 
cate, a receipt therefor; and it shall also be the duty 
of said collector or county treasurer to receive said 
assessed tax from any person who may offer to pay 
the same for any of said officers or soldiers, without 
requiring a certificate of assessment, when the name 
of such person shall have been duly entered upon the 
assessment books and tax duplicates, and give a re¬ 
ceipt therefor to such person, specially stating therein 
the name of the soldier or officer whose tax is thus 
paid, the year for which it was assessed, and the date 
of the payment thereof; which said certificate and re- Certificates of 
ceipt, or receipt only, shall be prim a facie evidence, to assessment and 
any election board provided for by this act, before ceipts oniy, r to 
which the same may be offered, of the due assessment be evidence, 
of said 'tax against, and the payment thereof by, the 
soldier or officer therein named, offering the same, as 
aforesaid; but said election board shall not be thereby 
precluded from requiring other proof, of the right to 
vote as specified by this act, or the general election 
laws of this commonwealth; and if any of said as- 


]<)0 


LAWS FOR CITIZENS 


Penalty for ne¬ 
glect of duty by 
assessors, col¬ 
lectors and 
treasurers. 


Proviso. 


Not to apply to 
the election of 
certain officers. 


Persons under 
disability, im¬ 
posed by certain 
act of Congress, 
prohibited from 
voting. 


[Chap. VI. 

sessors, collectors or treasurers shall neglect or refuse 
to comply with the provisions of this section, or to 
perform any of the duties therein enjoined upon them, 
or either of them, he, or they, so offending, shall be 
considered and adjudged guilty of a misdemeanor in 
office, and shall, on conviction, be fined in any sum 
not less than twenty nor more than two hundred dol¬ 
lars: Provided , That the additional assessments re- 
rptired to be made by the above section, in the city of 
Philadelphia, shall be made, on application of any 
citizen of the election district or precinct thereof, upon 
oath or affirmation of such citizen, to be administered 
by the assessor, that such absent soldier is a citizen 
of the election district or precinct wherein such as¬ 
sessment is required, by such citizen, to be made, (a) 

Section 41. This act shall not apply to the election 
of members of council, or to ward and division officers 
in the city of Philadelphia. 

B. Disfranchisement of Deserters. 

A further supplement to the election laws of this commonwealth, ap¬ 
proved 4th day of June, 1866. 

Whereas, By the act of the Congress of the United 
States, entitled “An Act to amend the several acts 
heretofore passed, to provide for the enrolling and call¬ 
ing out the national forces, and for other purposes,’’ 
and approved March third, one thousand eight hun¬ 
dred and sixty-five, (b) all persons who have deserted 
the military or naval service of the United States, and 
who have not been discharged, or relieved from the 
penalty, or disability therein provided, are deemed, 
and taken, to have voluntarily relinquished, and for¬ 
feited their rights of citizenship, and their rights to 
become citizens, and are deprived of exercising any 
rights of citizens thereof: 

And oiliereas, Persons, not citizens of the United 
States, are not, under the constitution and laws of 
Pennsylvania, qualified electors of this common¬ 
wealth. 

Section 1. Be it enacted , See ., That in all elections 
hereafter to be held in this commonwealth, it shall be 
unlawful for the judge and inspectors of any such 

(ct) The following points have been ruled by the court of common 
pleas of Philadelphia county, under this section": 1. That one assessor 
cannot act in the assessment of a soldier in the absence of his assistant. 
2. That the assessment of a soldier may be made at any time ; and that 
it need not be on the days fixed for making the extra assessment. 3. 
That to entitle a soldier to vote he must have paid a tax which was as¬ 
sessed at least ten days preceding the election.—Bright. Dig. 1334. 

(6) See ante, chap. I, page 15. 




IX MILITARY SERVICE. 


Chap. YI] 


191 


election to receive any ballot or ballots from any per¬ 
son or persons embraced in the provisions, and subject 
ro the disability imposed by the said act of Congress, 
approved March third, one thousand eight hundred 
and sixty-five, and it shall be unlawful for any such 
person to offer to vote any ballot or ballots, (a) 

Section 2. That if any such judge and inspectors 
of election, or any one of them shall receive, or con¬ 
sent to receive, any such unlawful ballot or ballots, 
from any such disqualified person, he, or they, so of¬ 
fending, shall be guilty of a misdemeanor, and upon 
conviction thereof, in any court of quarter sessions of 
this commonwealth, he shall, for each offence, be sen¬ 
tenced to pay a fine of not less than one hundred dol¬ 
lars, and to undergo an imprisonment in the jail of 
the proper county, for not less than sixty days. 

Section 3. That if any person deprived of citizen¬ 
ship, and disqualified as aforesaid, shall, at any elec¬ 
tion, hereafter to be held in this commonwealth, vote, 
or tender to the officers thereof, and offer to vote a 
ballot, or ballots, any person, so offending, shall be 
deemed guilty of a misdemeanor, and on conviction 
thereof, in any court of quarter sessions of this com¬ 
monwealth, shall, for each offence, be punished in like 
manner as is provided in the preceding section of this 
act, in the case of officers of election receiving such 
unlawful ballot, or ballots. 

Section 4. That if any person shall hereafter per¬ 
suade or advise any person or persons deprived of citi- 

(a) A judge of election or board of election officers are not a judicial 
tribunal to ascertain the guilt of a public offender, and a trial before 
such officers is not “ due process of law .”—Huber vs. JReily , 3 Smith, 
112 . 

The acts of Congress relating to desertion, all contemplate a regular 
trial and conviction prior to inflicting a penalty, and courts-martial 
are constituted for such trials.— Id. 


Penalty for re¬ 
ceiving such 
votes. 


Disqualified 
persons voting, 
or offering to 
vote, to be lia¬ 
ble to certain 
penalty. 


Penalty for ad¬ 
vising the offer 
of such illegal 
vote. 


A citizen drafted into the service of the United States, who had no¬ 
tice but refused to report and was registered as a deserter, under the 
acts of Congress, is nevertheless entitled to vote, unless he has been 
convicted by a court-martial. 

This case "of Huber vs. Reily was decided on the act of Congress, and 
before the passage of the act of assembly of 4 June, 18(56 ; but on the 
2d July, 1868, the supreme court (Justices Agnew and Read dissent¬ 
ing) gave an opinion in the case of WCafferty vs. Guyer , ct al., a case 
arisiilg under said act, substantially as follows : 

The first section of the third article of the constitution determines 
affirmatively who shall have the right of an elector; and an act of as¬ 
sembly that provides they shall not, is therefore directly in conflict 
with it. Although the name of the plaintiff was on the list of deserters, 
the act of 4 June, 1866, could not disfranchise him, and did not justify 
the defendants in refusing his vote, in the absence of conviction by 
court-martial. 

The dissenting opinion maintains the validity of the act of assembly 
and whilst conceding that the constitution prescribes the qualifica¬ 
tions of electors, holds that a deserter is not entitled to vote because 
not a “freeman,” since the acts of Congress and of assembly on this 
subject.—9 P. F. S. 109. 



192 


LAWS FOIi CITIZENS 


Adjutant gener¬ 
al to procure 
official evidence 
relative to de¬ 
serters, &c. 


To furnish 
same to clerks 
of the several 
courts of quar¬ 
ter sessions. 


Duty of clerks, 
relative to. 


Prima facie 
evidence of de¬ 
sertion. 


Proviso. 

Penaity for 
offering forged 
certificates. 


[Chap. VI. 

zensliip, and disqualified as aforesaid, to offer any bal¬ 
lot or ballots to tlie officers of any election hereafter 
to be held in this commonwealth; or shall persuade 
or advise any such officer to receive any ballot or bal¬ 
lots from any person deprived of citizenship, and dis¬ 
qualified as aforesaid, such person so offending shall 
be guilty of a misdemeanor, and upon conviction 
thereof, in any court of quarter sessions of this com¬ 
monwealth, shall be punished in like manner as is pro¬ 
vided in the second section of this act, in the case of 
officers of such election receiving such unlawful bal¬ 
lot or ballots. 

Section 5. That it shall be the duty of the adjutant 
general of this commonwealth to procure from the 
proper officers of the United States, certified copies of 
all rolls and records containing official evidence of the 
fact of the desertion of all jjersons who were citizens 
of this commonwealth, and who were deprived of citi¬ 
zenship and disqualified by the said act of Congress 
of March third, one thousand eight hundred and sixty- 
five, and to cause to be recorded and preserved, in 
books to be provided and kept for that purpose in his 
office, full and complete exemplifications of such rolls 
and records, and to cause true copies to be made there¬ 
of and furnished to the clerks of the several, courts of 
quarter sessions of this commonwealth, accurate du¬ 
plicates or exemplifications of such rolls and records, 
embracing the names of all such disqualified persons 
as had their residence within the limits of said coun¬ 
ties, respectively, at the time of their being marked 
or designated deserters; and it shall be the duty of 
the clerks of the several courts of quarter sessions of 
this commonwealth to preserve, in books kept for that 
purpose, all such copies and exemplifications of such 
rolls and records so furnished, and to allow access 
thereto, and furnish certified copies therefrom on re¬ 
quest, in like manner as in the case of other records of 
such courts. 

Section (3. That a certified copy or extract of any 
such record, from a clerk of a court of quarter sessions 
of this commonwealth, shall be prima facie evidence 
before any election board of the fact of desertion, and 
consequent disability and disqualification as an elec¬ 
tor: Provided , That if any person shall wilfully use 
or present any false, fraudulent or forged paper, pur¬ 
porting to be a certified copy or extract, *as aforesaid, 
he shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished in like manner as 
is now provided iu the second section of this act: And 


193 


Chap. VI.] IN MILITARY SERVICE. 

provided, however, That if, by the production of a cer- Proviso, 
tificate of his honorable discharge, it shall appear that 
such person so offering to vote was in the military 
service of the United States before and at the time of Disqlialifica . 
his being drafted into such service, and thereupon fail- tion, how dis¬ 
ing to report, or in case of the fact of desertion ap- P roved - 
pearing by certified copy of his company roll, if it 
shall appear that he was afterwards acquitted thereof 
and honorably discharged, such proof shall be received 
as evidence to disprove his said disqualification: And 
provided further, That if any person liable to be ob- Penalty for pro¬ 
jected to as disqualified as aforesaid, shall produce, di^chargrfa- 
before any board of election officers, any false or fraud- pers. 
ulent paper, purporting or pretended to be his honora¬ 
ble discharge from the United States service, he shall 
be deemed guilty of forgery, and on conviction there¬ 
of shall be punished as persons are now by law j)un- 
ishable for forgery. 

Section 7. That it shall be the duty of the judges Election officers 
and inspectors of elections hereafter to be held in this *° examine, un- 
commonwealth, whenever the name of any person t^pLsons" 
offering to them a ballot or ballots shall be found upon offering to vote, 
a certified copy or extract furnished from said rolls or 
records by a clerk of a court of quarter sessions, marked 
as a deserter, or whenever any person shall be objected 
to as disqualified, as aforesaid, at any election, by any 
qualified voter, at the request or suggestion of such 
person so ottering a ballot, to examine such person, 
on oath or affirmation, as to the fact appearing from 
such certificate, or alleged against him by the elector 
so objecting, and if he deny it, as to his reasons there¬ 
for: Provided however , That if any of his answers p rov i S0 . 
under such examination are false, such person shall 
be deemed guilty of the crime of perjury, and upon 
conviction thereof he shall be punished as persons are 
now punishable by law for perjury. 

Section 8. That it shall be the duty of the sheriffs certain provi- 
in the several counties of this commonwealth to insert 
in their proclamations of elections, hereafter to be held, p^ciama"- 
the first four sections of this act, with the preamble ti^n. 
thereof, and upon conviction of any violation of the 
requirement of this section any sheriff shall be deemed penalty for ne- 
guilty of a misdemeanor in office, and be punished in gleet, 
like manner as the offences prohibited by the second, 
third and fourth sections of this act are punishable. 

Section 9. That in the trial of all cases arising un- proofs on which 
der this act it shall be the duty of the courts trying desertion may 
the same to inquire into and determine any question be cetermmec • 
of fact as to alleged desertion involved therein, upon 
13 


194 


MILITARY ELECTIONS. [Cliap. VI. 


Proviso. 


proofs furnished by exemplifications or extracts from 
such rolls or records, duly certified by the proper clerk 
of a court of quarter sessions, which are hereby made 
evidence thereof, and also from such proof, by parol, 
as may be given in evidence by either party: Provided , 
That the provisions of this act, so far as applicable, 
shall apply to persons who voluntarily and without 
any kind of duress or constraint enlisted in the rebel 
service. 


CHAPTEE VII. 


I. SPECIAL LAWS FOR THE CITY OF PHILADELPHIA. 


A. Duties of assessors and city 

commissioners. 

B. Election districts. 

C. Return inspectors and clerks. 

D. Mode of conducting elections. 


E. Particular elections. 

F. To prevent frauds. 

G. Contested elections. 

H. Miscellaneous—Philadelphia. 


CHAPTEE VII. 


SPACIAL LAWS FOE THE CITY OF PHILADEL¬ 
PHIA. 


A. Duties of Assessors and City Commissioners. 

1. That it shall be the duty of the assessors, within Duty of asses- 
the city (and incorporated districts of the county) of sors in the city 
Philadelphia, in preparing the alphabetical lists and ted district^of 
copies thereof of the white freemen residing within Philadelphia 
their respective wards, as required by the fourth sec- county. 

tion of the act of thirteenth June, one thousand eight 
hundred and forty, entitled ‘‘A supplement to an act 
relating to the elections of this commonwealth,” (a) 
to insert thereon the occupation and place of residence 
of each of said white freemen, specifying the street 
and number of the house where such white freeman 
resides.—Act 3 April, 1841, § 2, P. L. 144. 

2. * * * The duty of making extra assessments, Extra assess- 

now enjoined by law upon the officers of election, ments - 
shall be exclusively performed by the assessors. The 
assessors of each ward shall meet for that purpose in 

their respective wards, on the thirteenth day prior to 
the second Tuesday of October, annually, and con¬ 
tinue their session (from one o’clock P. M, to ten o’clock 
P. M.) (b) each day, for three successive juridical days, 

(«) Ante, chap. IV, § 12. 

(6) Hours changed from ten o'clock, A. M., to seven o’clock, P. M., 
by act 14 February, 1867, infra, § 4. 








SPECIAL LAWS 


196 


[Chap. VIL 


and public notice thereof of the time and place shall 
be given by the city commissioners in two or more 
daily newspapers of said city, ten days prior thereto. 
# * Act 2 February, 1854, § 17, P. L. 32. 

Personal claim. 3. That ifc shall not be lawful for such assessor to 
add to the list any name unless the person claiming* 
to be added thereto shall appear in person.—Ees. 26 
April, 1844, § 3, P. L. 604. 

Hours for extra 4 . Hereafter the sessions of the assessors of each 
assessments. warc [ j j n the city of Philadelphia, for the purpose of 
making extra assessments, (under the seventeenth sec¬ 
tion of the act to which this is a supplement,) shall 
commence at ten o’clock A. M., and continue until 


Occupation and 
residence. 


Further duties 
of assessors. 


County com¬ 
missioners to 
furnish boxes, 
blanks, &c. 


Compensation. 


seven o’clock P. M.; and so much of any law as is in¬ 
consistent herewith shall be and is hereby repealed.— 
Act 14 February, 1867, § 1, P. L. 206. 

5. That the said assessors shall, on inserting the ad¬ 
ditional names, as provided by the fifth section of the 
said act, mark opposite thereto the occupation and 
residence of the person whose name is added to the 
list, and upon the duplicate copies required to be fur¬ 
nished to the officers of the election, the residences 
and occupations shall be marked as aforesaid.—Act 3 
April, 1841, § 3, P. L. 145. 

6 . That it be the duty of the several assessors of 
the city of Philadelphia to ascertain, by strict inquiry, 
the proper orthography of the name of each taxable 
person within his ward, the exact number of his place 
of residence, together with his present occupation, 
profession or business, and to state, plainly written, 
all such particulars in his assessment list.—Act 13 
April, 1859, § 1, P. L. 595. 

7. That the county commissioners (a) shall furnish 
the necessary boxes, blanks and papers for holding the 
elections in each of said precincts; and they shall also 
furnish a list of taxable inhabitants of §ach precinct 
or ward as now required by law: Provided , That the 
lists of taxable inhabitants now required to be made 
and posted up shall, after the passage of this act, be 
made out by streets, courts or alleys respectively, in 
which the inhabitants reside, designating the side of 
said street, court or alley in a head line: Provided , 
That hereafter the judge and inspectors (a) of each 
precinct or ward shall make the additional assessment 
ks now provided by law; and each of said judges and 
inspectors shall receive one dollar per day for their 


(a) Duties of county commissioners devolved on city commissioners, 
post, § 8. And the duties of judges and inspectors under the secona 
nd tnird provisos of this section devolved on assessors, ante, § 2. 



FOB PHILADELPHIA. 


197 


Chap. VII.] 

services: Provided further , That the county commis¬ 
sioners are hereby authorized and required to furnish, Lists of voters 
previous to the time of making the additional assess¬ 
ments, to the judge or inspectors of each ward, pre¬ 
cinct or township, where an election is to be held, the 
alphabetical window list, and that the said judge or 
inspectors shall enter the name of every person who 
is duly authorized by existing laws to be assessed in 
said book in alphabetical order; and after the said 
judge and inspectors shall have completed said addi¬ 
tional assessment, the judge and each of the inspec¬ 
tors shall sign their names in each column of said 
book immediately following the last signature; the 
said judges and inspectors shall return to the county 
commissioners the additional assessments as required 
by existing laws, when the assessors of each ward shall 
enter the same in the assessor’s book as heretofore.— 

Act 28 April, 1851, § 5, P. L. 725. 

8. The city commissioners, under the direction and city commis- 
control of the city councils, shall be charged with all sioners to con- 
the duties relating to assessors * * * and to elec- tro1 assessors - 
tions and election officers that are now performed by 

the county commissioners, and all other duties now 
performed by the commissioners of the county not 
otherwise provided for in this act.—Act 2 February, 

1854, § 13, P. L. 31. 

9. The commissioners shall, * * * in each year, p rec€pt to as- 

issue their precepts to the assessors of the respective.sessors. 
wards, requiring them to make out and return, within 

such times as the said commissioners shall designate, 
not later than the first day of September following, a 
just and perfect list, in such form as the commissioners 
shall direct, of all the taxable persons residing within 
their wards respectively, (a) — Ibid ., § 17. 

10. That hereafter the list of taxable persons re- About lists of 
quired by existing laws, to be furnished to the officers taxabies. 

of all general and municipal elections, and the list of 
taxable persons required to be posted in the several 
election divisions by the assessors, and the list of taxa¬ 
ble persons required to be furnished to the various al¬ 
dermen by the receiver of taxes, shall be that of the 
last assessment filed in the city commissioners’ office 
previous to such general or municipal election by the 
assessors of the several wards.—Act lb April, 1857, 

§ 1, P. L. 221. 

(a) By the act of 2 February, 1867, (P. L. 137,) the board of revision 
of taxes afe authorized to issue this precept to the assessors; and the 
latter make return of the alphabetical or street lists to the city com¬ 
missioners. 



108 


SPECIAL LAWS 


[Chap. VII. 


Commissioners 
and city coun¬ 
cils to establish 
election divi¬ 
sions. 


Councils to fix 
places of hold¬ 
ing elections. 

Notify sheriff 
thereof. 


Placas of hold¬ 
ing elections, 
how changed. 


B. Election Districts. 

11. On or before the first Monday in May, one thou¬ 
sand eight hundred and fifty-four, the commissioners 
of the county of Philadelphia (and thereafter the city 
councils) shall lay out and establish a sufficient num¬ 
ber, not less than six election divisions, (a) in each of 
the wards established by the second section of this act, 
which divisions shall be, whenever practicable, bound¬ 
ed on all sides by streets, lanes, roads, alleys, avenues, 
streams of water, or by one of the boundary lines of 
said city, and shall be as nearly equal in number of 
taxable.inhabitants as such boundaries will admit of, 
and shall be numbered respectively one, two, three, 
four, and so on; the said commissioners and the said 
councils, when they establish the same, shall make an 
accurate description thereof, and cause it to be pub¬ 
lished in one or more of the daily papers of the city 
of Philadelphia, and shall file a copy of such descrip¬ 
tion in the office of the clerk of the court of quarter 
sessions of the county of Philadelphia, to be and re¬ 
main on record in said office; and if at any election 
thereafter there shall be more than four hundred votes 
polled in any of the said divisions then, at some pe¬ 
riod, at least forty days previous to the next succeed¬ 
ing election, the city councils shall re-arrange the di¬ 
visions of the ward or wards wherein such vote has 
been polled, and increase the number thereof, if ne¬ 
cessary.—Act 2 February, 1854, § 3, P. L. 24. 

12. That it shall be the duty of the select and com¬ 
mon councils of said city to designate the place of 
holding the elections in the several election divisions 
of the wards in said city, and to notify the sheriff 
thereof at least thirty days prior to the second Tues¬ 
day of October next; and shall have full power and 
authority to remove or change the place of holding 
the elections in any of the said election divisions, 
whenever by reason of inability to hold said election 
at the place so designated, a change shall become ne¬ 
cessary.—Act 21 April, 1855, § 2, P. L. 264. 

13. The place for holding all elections in the city of 
Philadelphia may be changed in accordance with the 
provisions of the fifty-sixth section of the act, en¬ 
titled “An act relating to the elections of this com¬ 
monwealth,” passed the second day of July, one thou- 

(a) Where a ward or district is divided into precincts, the illegality 
of an election in one of them, in consequence of an improper person 
acting as judge, will not render the whole election void ; if tne election 
in the other precinct was properly conducted, that poll will decide the 
election.—Case of Penn district election, com. pleas, Philadelphia, 11 
May, 1850, M. S. See also 1'hovipson vs. Ewing,'5 Phila., R. 102. 



Cliap. VII.] FOR PHILADELPHIA. 


199 


sand eight hundred and thirty-nine.—Act 13 May, 

1856, § 31, P. L. 573. 

14. That wheneA*#r a new election division or divi- How officers ap- 
sions has been or shall be created in any of the wards P? in * ed in new 
of the city of Philadelphia, by the councils of said 1& nc s * 
city, the officers to conduct the election next thereafter 
occurring, shall be chosen as follows: If such division 

shall be formed entirely out of an old division, the 
officers elected to conduct the elections in said divi¬ 
sion shall appoint the officers for the new division, 
the judge appointing the judge, and each of the in¬ 
spectors appointing an inspector ; and if the division 
shall be formed from several, all the judges elected 
in said ward shall, together, appoint the judge, the 
the inspectors elected in said ward who received the 
highest number of votes in their respective divisions 
shall, together, appoint one of the inspectors, and the 
inspectors elected in said ward who received the lowest 
number of votes in their respective divisions shall, 
together, appoint the other inspector; and the officers 
thus chosen shall conduct all elections held in such 
new election division or divisions until their succes¬ 
sors are elected in accordance with existing laws.— 

Act 28 April, 1857, § 1, P. L. 329. 

G. Return Inspectors and Clerks. 

15. The qualified citizens of the several wards of Return inspec- 
the city of Philadelphia shall meet in their respective tors to be elect- 
election districts in each and every year, at the same ed - 

time and places, under the same rules and regulations 
as are now prescribed for holding the elections of 
judges and inspectors of elections, and shall elect two 
additional inspectors, to be styled and voted for as 
return inspectors.—Act 1 May, 1861, § 1, P. L. 575. 

16. That each qualified citizen shall vote for but one How t0 be 
person as return inspector of elections, and the two voted for. 
persons having the greatest number of vote§ for re¬ 
turn inspectors shall be declared the return inspectors 

of elections for the ensuing year.— Ibicl., § 2. 

17. That it shall be the duty of the said return in- Duties, 
spectors, once in each and every hour during the elec¬ 
tion, to count the tickets, and shall thereupon deposit 

the same in the ballot boxes provided for the said pur¬ 
pose ; that they shall make xmblicly known the state 
at the vote at each and every hour, and in like man¬ 
ner, immediately after the closing of the polls, make 
publicly known the result of the said election or elec¬ 
tions ; that if any discrepancy shall occur between the 
tickets and the tally list, kept by the clerks of elec- 


200 


SPECIAL LAWS 


[Oliap. VII. 


Disagreement 
of inspectors. 


When to meet. 


tions, it shall be the duty of the return inspectors to 
make a record of the same at the time it shall be dis¬ 
covered, and for this purpose the return inspectors 
and return clerks shall have free access to the tally 
list kept, under the existing laws, by the inspectors 
and clerks of elections: the return inspectors, in each 
election district, shall set their hands and seals to the 
certificates of elections in like manner as the inspec¬ 
tors and judges of elections are now required to do by 
law.— Ibid., % 3. 

18. That the judges of the elections, in their respec¬ 
tive election districts, are hereby required to decide 
between the return inspectors, whenever they shall 
disagree in the performance of their duties, and the 
return inspectors shall forthwith act under such deci¬ 
sion.— Ibid., % 4. P. L. 576. 

19. That the said return inspectors shall meet at 
their respective places of holding the election, before 
nine o’clock in the forenoon of the day of the election 
in each and every year in which said inspectors may 
be elected to act, and each of said return inspectors 
shall appoint one return clerk, who shall be a qualified 
voter of such election district, and who shall continue 
to act as return clerk during the ensuing year.— Ibid., 
§5. 

20 . That in case the person who shall have received 
the highest number of votes for return inspector, shall 

clerks, relative attend on the day of any election, then the judge 
of such election division shall appoint a return inspec¬ 
tor in his place; and in case the person who shall have 
received the second highest number of votes for return 
inspector shall not attend, then the person who shall 
have received the second highest number of votes for 
judge of the elections, at the last preceding election, 
shall appoint a return inspector in his place; and in 
case any return clerk, appointed as aforesaid, shall 
neglect*to attend at any election during the said year, 
it shall be the duty of the return inspector who ap¬ 
pointed such return clerk, or the person filling the 
place of such return inspector, to forthwith appoint a 
suitable person as return clerk, qualified as aforesaid, 
who shall perform the duties for the year.— Ibid., % 6. 
Forms of oaths 21 . The return inspectors and return clerks afore- 
to be taken. said shall, before entering upon the duties of their 
office, severally take and subscribe the oath or affir¬ 
mation herein directed, which shall be administered 
by any judge, alderman or justice of the peace, and 
that the following shall be the form of oath or affirma¬ 
tion to be taken by each return inspector, viz: I (A. 


Clerks. 


Absence of in¬ 
spectors or 


201 


Chap. VII.] FOR PHILADELPHIA. 

B) do-that I will duly attend to the ensuing 

election during the continuance thereof, as a return 
inspector ; that I will count the tickets as provided by 
lav/, and publicly make known the state of the votes 
in each and every hour; and that I will in all things, 
truly and impartially and faithfully perform my duty, 
to the best of my judgment and abilities; and that I 
am not, directly or indirectly, interested in any bet or 
wager on the result of this election. 

That the following shall be the form of oath or affir¬ 
mation to be taken by each return clerk, viz: I (A B) 

do-that I will impartially, carefully and truly 

write down the number of votes which shall be given 
for each candidate at the election, as often as his 
name shall be read to me by the return inspectors 
thereof; and in all things truly and faithfully perform 
my duty respecting the same, to the best of my judg¬ 
ment and ability; and that I am not, directly or indi¬ 
rectly, interested in any bet or wager on the result of 
this election.— IUcl., § 7. 

22. That it shall be the duty of the said return clerk oaths or affir- 
forthwith to make out two copies of the forms of each nations to be 
of the said oaths or affirmations, which shall be sever- certified/* 1 
ally subscribed by each of the return inspectors and 

the return clerks, and the said oaths or affirmations 
shall be certified under the hands of the judge, aider- 
man or justice of the peace by whom they shall be 
administered, and one of the said certificates of oath 0necertifil . ate 
or affirmation, taken or subscribed by the return in- to be deposited 
spectors and return clerks, shall be deposited with the in the ballot 
other papers, in the ballot-box, as now provided by box- 
law.— IJ>id ., § 8. 

23. That all the existing laws of this commonwealth Existing laws 
relative to elections in the city of Philadelphia, which extended, 
now direct and govern the inspectors and clerks of 
elections, are hereby extended to return inspectors 

and return clerks aforesaid; that the said return in¬ 
spectors and return clerks shall receive the same com- compensation, 
pensation as now received by the inspectors and clerks 
of the elections under existing laws.— Ibid., § 9. 

D. Mode of Conducting Elections. 

24. The general, special, municipal and all other, ex- Elections, when 
cept military elections, by the qualified voters of the to be helcL 
city of Philadelphia, shall be held in the respective 

election divisions of the wards of the said city, (the 
said elections shall be open at or before eight o’clock 
in the morning, and close at seven o’clock in the eve- 




202 


SPECIAL LAWS 


Form of tickets 


Where judges 
to meet. 


Iteturn judges 
to meet on 
Friday. 


Time for open¬ 
ing and closing 
polls. 


Tickets at mu- 
f ec- 


elec- 

con- 

ducted. 


[Obap. VII. 

ning;) (a) and the tickets to be voted at the municipal 
elections in the city of Philadelphia, shall be on sepa¬ 
rate pieces of paper, on which shall be written or 
printed the name of the office to be filled, and imme¬ 
diately under the name of the office the name or names 
of the person or persons voted for to fill such office; 
(b) in all general and special elections within the city 
of Philadelphia, each ward of the said city shall be an 
election district and have a return judge; and the re¬ 
turn judges of the city of Philadelphia shall meet at 
the state house in the said city.—Act 2 February, 
1854, § 30, P. L. 38. 

25. That hereafter the return judges of the several 
wards of the city of Philadelphia, shall meet at the 
state house, in said city, at ten o’clock in the morning 
of the Friday succeeding the day of election; and 
such part or parts of any law as requires them to meet 
on Thursday, is hereby repealed.—Act 27 April, 1804, 
§ 1, P. L. 043. 

20. That at all general and special elections here¬ 
after to be held in the city of Philadelphia and the 
city of Lancaster, the polls shall be opened at seven 
o’clock A. M. and be closed at six o’clock P. M.—Act 
10 March, 1800, § 1, P. L. 237. 

27. That at all municipal elections hereafter to be 
held in the city of Philadelphia, all officers to be voted 
for by the qualified voters of the said city shall be 
voted on one ticket, and be headed “City officers;” 
and that all officers to be voted for by the qualified 
voters of each ward shall be voted on one ticket, and 
be headed “ Ward officers;” and that all officers to be 
voted for by the qualified voters of each election di¬ 
vision of said ward shall be voted on one ticket, and 
be headed “ Division officers.”—Act 13 May, 1856, § 
3, P. L 568. 

28. The municipal elections of the city of Philadel¬ 
phia shall be conducted in the manner required by the 
act of assembly of July second, Anno Domini one 
thousand eight hundred and thirty-nine, entitled “An 
Act relating to the elections of this commonwealth,” 
and its supplements; as soon as the votes given at 
each division are counted, duplicate returns thereof 
shall be made out by the officers of such division; one 
copy shall be deposited in one of the ballot-boxes, as 
required by section seventy-four of the act aforesaid; 
the other copy shall be used for the purpose of making 
up full returns of the ward; and the said last copy, 
together with a full and complete return of the votes 


(a) Changed, post, § 26. 


(&) See post, § 27. 



FOR PHILADELPHIA. 


203 


Chap. VII.] 

given in such ward, signed by the judges thereof, shall 
be filed by one of the judges in the office of the pro- 
thonotary of the court of common pleas of Philadel¬ 
phia county, as hereinafter provided.—Act 2 February, 

1854, § 33, P. L. 39. 

29. That immediately after the polls shall have been judge and re¬ 
closed and the return made out, each ballot-box shall turn inspectors 
be carefully bound by tape and sealed up, and the boxetS^ 
judge and return inspectors shall severally affix their &c. 
signatures, with their appropriate seals, to the said 
ballot-box before it shall be delivered up as herein¬ 
after provided.—Act 1 May, 1861, § 2, P. L. 577. 

30. That the commissioners for the city of Phila- Commissioners 
delphia shall provide a fire-proof room or vault in the vauI^for° 0ni 
public buildings of the said city, or some other suita- ballot 1 boxes, 
ble place, at which the judge of the elections, after the 

closing of the polls and the requirements of the law 
have been complied with, shall forthwith there deliver To be delivered 
to the mayor and recorder of the city of Philadelphia to mayor and 
the said ballot-boxes; that the said room or vault shall remain i’nTheir 
not be accessible to any other person than the mayor cuTto^y! 11 eu 
and recorder aforesaid, who shall be present and re¬ 
ceive, at the said room or vault, the ballot-boxes from 
the return inspectors as aforesaid; that the mayor and 
recorder aforesaid shall not take or open, nor permit 
to be taken or opened, any ballot-box deposited as 
aforesaid, for the space of one year after the same has 
been therein deposited, except when they shall be 
called upon by some court or other tribunal author¬ 
ized to try the merits of such election; and after such 
trial or investigation it shall be the duty of the mayor 
and recorder aforesaid to have said box or boxes re¬ 
turned and deposited as aforesaid.— Ibid., § 11. 

31. That if any officer under this act shall neglect p ena ity for ne- 
or fail to perform the duties therein imposed upon gleet of duty, 
them, then they or either of them shall, upon convic¬ 
tion, be sentenced to pay a fine of five hundred dollars 

and undergo an imprisonment, by separate or solitary 
confinement, not exceediug three years respectively 
for every such offence.— Ibid., § 12. 

32. The returns of all municipal elections in the city Returns of 
of Philadelphia, and the certificates to be given to per- elections and 
sons elected, shall be made out in the following man- certificates, 
ner, to wits Two complete copies of a return of all lcm matecm 
the votes given in each division, and a certificate of 
election to each of the persons elected to office in such 
division, shall be made out and signed by the judge, 
inspectors and clerks of such division, and on the day 
succeeding the election, at nine o’clock A. M., the 


204 


SPECIAL LAWS 


[Chap. VII. 

judges and inspectors of all the divisions of the ward 
shall meet and make out a return of all the votes given 
in such ward, and a certificate of election for each of 
the persons elected to office in such ward ; which re¬ 
turns and certificates shall be signed by the judges of 
such ward, or a majority of them; the judges shall 
then designate one of their number to be a return 
judge, and shall give him an accurate copy of the re¬ 
turns of the votes given in such wards for each muni¬ 
cipal officer voted for; and the return judges of the 
several wards shall meet at the state house, at ten 
o’clock in the morning of the (Thursday) (a) succeed¬ 
ing the day of the election, and shall then and there, 
in the manner provided in the seventy-eighth section 
of the act of assembly of July second, Anno Domini 
one thousand eight hundred and thirty-nine aforesaid, 
proceed to add together the number of votes given in 
the several wards for the several officers voted for, and 
shall make out full and complete returns of said votes 
and a certificate of election to the persons elected; 
which returns shall, immediately upon the adjourn¬ 
ment of the return judges, be, by the president thereof, 
filed in the office of the prothonotary of the court of 
common pleas; the certificates of election for the ward 
and division officers shall be delivered to the persons 
elected by the constables of the ward, within three 
days after the election, and the certificate for the other 
officers voted for shall be delivered to them by the 
sheriff* or his deputy, within two days after the meet¬ 
ing of the return judges; the places for the meetings 
of the said judges and inspectors in said ward, for the 
purposes aforesaid, shall be fletermined by a majority 
of those who are required to meet.—Act 2 February, 
1854, § 34, P. L. 39. 

Keturn judges, 33. That the judges of the various election divisions 

duty of. of the several wards of said city shall meet on the day 
following all general elections, in their respective wards, 
at the usual and proper time and place, and after cast¬ 
ing up the returns of their respective divisions, select¬ 
or appoint one of their number return judge to convey 
said returns to the office of the prothonotary of the 
court of common pleas of said city and county within 
the time prescribed by law; and the return judges of 
the several wards shall meet at the state house in said 
city at the time prescribed by existing law, and shall 
cast up the several division and ward returns, and 
execute, under their hands and seals, one general and 


(a) Friday, see ante, § 25. 



F0I1 PHILADELPHIA. 


05 


Chap. VII.] 

true return for each senatorial and representative dis¬ 
trict herein specified, and make, execute and deliver 
certificates of election in the manner prescribed by 
law.—Act 22 April, 1858, § 5, P. L. 4G7. 

34. That in case a special election shall be ordered 
to fill vacancy in a senatorial district, the judges from 
the wards composing such district shall meet in their 
respective wards, in accordance with existing laws 
and the provisions of this act, and elect return judges 
to deliver returns to be filed in the office of the pro- 
tlionotary of the court of common pleas, and at the 
proper time meet at the state house in said city to 
cast up the returns and give certificates of election in 
the manner prescribed by law.— Ibid., § 0. 

35. That in case a special election shall be ordered 
to fill a vacancy in a representative district, the judges 
of the several election divisions composing said dis¬ 
trict shajl meet at twelve o’clock M., on the day fol¬ 
lowing said election, at a place in said district desig¬ 
nated by the sheriff in his proclamation, there to cast 
up the returns of the divisions aforesaid, and, under 
their hands and seals, execute certificates of election, 
and appoint one of their number to convey the same 
to the prothonotary’s office in said city, to be recorded 
according to law, within two days of the time on which 
elections shall be held.— Ibid., § 7. 

36. That the judges, inspectors and clerks of the 
general and special elections in the city and county 
of Philadelphia shall hereafter receive for their servi¬ 
ces five dollars each for conducting any of said elec¬ 
tions.—Act 18 April, 1853, § 14, P. L. 824. 

37. The judges of election in the Twenty-first, 
Twenty-second, Twenty-third and Twenty-fifth wards 
be paid five dollars each for conveying the ballot 
boxes to mayor’s office, in addition to the compensa¬ 
tion they now receive, to be paid by the city commis¬ 
sioners in the same manner that other election expen¬ 
ses are now paid —Act 5 April, 1867, § 1, P. L. 801. 

E. Pakticular Elections. 

38. The qualified voters of the city of Philadelphia 
shall, on the first Tuesday in June, one thousand 
eight hundred aud forty-four, and the first Tuesday in 
May (a) in every second year thereafter, elect one 
person to serve as mayor of the said city by a plural¬ 
ity of the votes, and in case of a tie the councils shall 


(a) On second Tuesday of October, and every third year there¬ 
after.— Post, §§ 39 and 40.* 


Special election 
for senator, 
duty of return 
judges. 


Special election 
for representa¬ 
tives, duty of 
return judges. 


Compensation 
of judges, &r. 


Additional for 
sundry wards. 


Mayor, election 
of, two years. 



206 


SPECIAL LAWS 


[Chap. VII. 


Qualifications. 


In case of ab¬ 
sence, councils 
to appoint. 

In case of va¬ 
cancy, councils 
to elect. 


Change of time 
of municipal 
elections. 


Mayor, comp¬ 
troller and so¬ 
licitor, terms of. 


Official term, 
when to com¬ 
mence. 

Exception. 


Select council, 
how chosen and 
classified. 


order a new election. He shall serve for (two years,) 
and until his successor shall be elected and duly quali¬ 
fied ; he shall be at least thirty years of age, a citizen 
of the United States, and have resided seven years 
next preceding his election within this commonwealth, 
and the last two years thereof in the said city; he 
shall take the usual oath of office in the presence of 
the councils, to be administered by one of the judges 
of the courts in said city, at twelve o’clock noon, on 
the Tuesday next succeeding his election ; in case of 
his temporary absence or inability to act, the councils 
shall appoint a mayor to serve until he shall resume 
the duties of his office; and whenever a vacancy shall 
occur in the office of mayor, by death or otherwise, it 
shall be the duty of the select and common council, 
in joint meeting, forthwith to elect viva voce a person 
qualified as aforesaid, to serve as mayor, who shall 
continue in office until the Tuesday succeeding the 
next city election, and until his successor shall have 
been duly elected and qualified.—Act 2 February, 
1854, § 7, P. L. 26. 

39. That the elections of members of councils, and 
of all the municipal officers of the city of Philadelphia 
authorized to be elected by an act approved Febru¬ 
ary second, one thousand eight hundred and fifty-four, 
entitled “A further supplement to an act to incorpo¬ 
rate the city of Philadelphia,” and by any of the sup¬ 
plements thereto, shall be held on the second Tuesday 
of October in each year, instead of the first Tuesday 
of May, as now provided by law.—Act 21 March, 
1861, § 1, P. L. 165. 

40. The terms of office of the officers hereafter to 
be elected shall be, of the mayor, three years; of the 
city comptroller, three years; and of the city solicitor, 
three years, from the day of the commencement of 
their terms, in January as aforesaid.— Ibid., § 4. 

41. That all officers elected by the qualified voters 
of the city of Philadelphia shall enter upon the per¬ 
formance of their duties on the first day of January 
next succeeding their election, except the receiver of 
taxes, who shall enter upon the performance of his 
duties on the second Monday succeeding the fifteenth 
of January next following his election.— Ibid., § 3. 

42. That hereafter each ward of the city of Phila¬ 
delphia shall have one member of select council, who 
shall serve for three years from the first day of Janu¬ 
ary next succeeding their election ; and that one-third 
of select council shall be chosen each year; the quali¬ 
fied voters, on the second Tuesday of October, one 


FOR PHILADELPHIA. 


207 


Chap. VII.] 

thousand eight hundred and sixty-one, of the First, 

Third, Fifth and Seventh wards, shall each elect a 
member of select council, to serve for one year; of 
the Ninth, Eleventh, Thirteenth and Fifteenth wards, 
shall elect each a member of select council, to serve 
for two years; of the Seventeenth, Nineteenth, 
Twenty-first and Twenty-third wards, shall elect each 
a member of select council, to serve for three years; 
and the qualified voters, on the second Tuesday of 
October, one thousand eight hundred and sixty-two, 
of the Second, Fourth, Sixth and Eighth wards, shall 
elect each a member of select council, to serve for one 
year; of the Tenth, Twelfth, Fourteenth and Sixteenth 
wards, shall elect each a member of select council, to 
serve for two years; and of the Eighteenth, Twentieth, 
Twenty-second and Twenty-fourth wards, shall elect 
each a member of select council, to serve for three 
years.— Ibid., % 5. 

43. That each ward of the city of Philadelphia shall common coun- 
haven, member of common council, (for each two thou- cii, their num- 
sand of taxable inhabitants that it shall contain, ac- ber and terms - 
cording to the list of taxables for the preceding year,) ( i) 

(b) who shall serve for two years from the first day of 
January succeeding their election, except those who 
shall be first elected under the provisions hereof, who 
shall draw, by lot, from a list prepared by the clerk, 
whether their terms shall be for one year, or for two 
years, and thereafter the members shall be elected for 
two years; and the terms of the present members of 
the councils of Philadelphia shall continue until their 
successors shall be elected and qualified to take their 
seats; and the newly elected members shall meet in Meeting, 
the council chambers, and be qualified, on the first 
Monday of January, at ten o’clock of the forenoon of 
each year, at which hour the terms of their predeces¬ 
sors shall expire.— Ibid., § 6, P. L. 166. 

44. That the true intent and meaning of the act, en- construction of 
titled “A further supplement to an act to incorporate preceding see¬ 
the city of Philadelphia,” approved March twenty-one, tlon * 

one thousand eight hundred and sixty-one, shall be, 
that the preceding year, mentioned in the sixth section 
of said act, shall be held and taken to be the year pre¬ 
ceding the organization, and not the election; any¬ 
thing in the above recited section to the contrary not¬ 
withstanding.—Act 16 April, 1866, § 1, P. L. 940. 


(а) “For each two thousand names on the completed canvassers’ 
list of the year the election is held for common couucilmen.”—Act 20 
May, 1872, § 1. 

(б) Preceding the organization, not election.—See § 44. 



208 


SPECIAL LAWS 


Councils in 

Twenty-fifth 

ward. 


Councils in 

Twenty-sixth 

ward. 


Councils in 
Twenty-sev¬ 
enth ward. 


Councils in 

Twenty-eighth 

ward. 


Councils in 

Twenty-ninth 

ward. 


[Oliap. VII. 

45. The qualified voters of the said Twenty-fifth 
ward shall, at the next election, elect one member of 
select council, who shall serve for two years, and also 
one member of common council, who shall serve for 
two years; and shall thereafter elect members of coun¬ 
cil as now provided for bv law.—Act 12 April, 1861, 
§ 2, P. L. 293. 

46. Each of the above wards shall be entitled to one 
member of the select council, and also to two mem¬ 
bers of the common councils of said city ; at the next 
annual election the qualified voters of the said First 
ward shall elect one member of select council, to serve 
for three years from the first day of January, one thou¬ 
sand eight hundred and sixty-five, and the term of the 
jwesent select councilman of the First ward shall ex¬ 
pire on the first day of January, one thousand eight 
hundred and sixty-five, and one member of common 
council, who shall serve for two years from the first 
day of January, next ensuing his election, and shall 
thereafter elect members of councils as is now or may 
hereafter be provided by law; the qualified voters of 
the Twenty-sixth ward shall, at the next annual elec¬ 
tion, elect one member of select council, who shall 
serve for three years, and also one member of common 
council, who shall serve for two years from the first 
day of January, next ensuing his election, and shall 
thereafter elect members of councils as is now or may 
hereafter be provided by law.—Act 29 March, 1864, § 
3, P. L. 112. 

47. That the qualified electors of said Twenty-sev¬ 
enth ward shall, at their next election, elect a member 
of the select council to serve for two years, and there¬ 
after for such term as is or may be prescribed by law; 
each of said wards shall be entitled to elect as many 
members of the common council as is now provided 
by law.—Act 17 April, 1866, § 2, P. L. 968. 

4 s. That the qualified electors of said Twenty-eighth 
ward shall, at their next election, elect a member of 
the select council to serve for two years, and thereaf¬ 
ter for such term as is or may be prescribed by law; 
and thereafter each of said wards shall be entitled to 
elect as many members of common council as is now 
or may hereafter be provided by law.—Act 14 March, 
1867, § 2, P. L. 4 6(). 

49. The Twenty-ninth wmrd shall be entitled to one 
member of the select council, and to as many mem¬ 
bers of the common council of said city as is now or 
may hereafter be provided by law ; the qualified voters 
of the said Twenty-ninth ward shall, at the next an- 


209 


Oliap.YIL] FOR PHILADELPHIA. 

nual election, elect one member of select council, who 
shall serve for three years from the first day of Janu¬ 
ary next ensuing his election; and the qualified voters 
of each of said wards shall, at the next annual election, 
and thereafter, elect members of councils as is now or 
may hereafter be provided by law.—Act 23 February, 

1871, § 3, P. L. 122. 

50. That in case of a vacancy occurring in the se- vacancy in se¬ 
lect council by death, resignation or otherwise, and lect council, 
such vacancy taking place during the first year of the how filled * 
term, the qualified voters of such ward shall, at the 

annual election in May succeeding such vacancy, elect 
one person duly qualified to serve for one year.—Act 
13 March, 1868, § 1, P. L. 65. 

51. The qualified voters of the said city shall, on the City treasurer, 
first Tuesday in May, one thousand eight hundred and election of - 
fifty-five, elect a city treasurer; and until such elec- 

' tion the present city treasurer shall continue to be the 
city treasurer; and on the (first Tuesday in May in 
every second year thereafter,) elect a city treasurer to 
serve for two years, from the first Monday of July 
next succeeding such election, (a) Any vacancy in Gouncils to fill 
said office shall be filled by the city council, by viva vacancy. 
voce vote in joint meeting.—Act 2 February, 1854, § 

10, P. L. 28. 

52. The qualified voters of the said city shall, on the Receiver of 
(first Tuesday in May, one thousand eight hundred taxes - 
and fifty-six, and bi-ennially thereafter on the first 
Tuesday in May,) elect one person who shall be de¬ 
nominated receiver of taxes, to serve for two years.— 

(a) Ibid. , § 11. 

53. The qualified voters of the said city shall, on the City controller, 
(first Tuesday in June, one thousand eight hundred 

and fifty-four, and on the first Tuesday in May in 
every second year thereafter,) elect a city controller, 
to serve for the term of two years from the first Mon¬ 
day in July next succeeding his election, (a) — Ibid., 

§ 12, P. L. 30. 

54. The qualified voters of the said city shall, on the City commis _ 
(first Tuesday in June, one thousand eight hundred sioners. 
and fifty-four, and annually thereafter on the first 
Tuesday of May,) (a) elect one person for city com¬ 
missioner, to serve for three years from the Monday 

next succeeding his election* The city commission- To form dll _ 
ers, under the direction and control of the city conn- ties of county 
cils, shall be charged with all duties relating to asses- commissioners, 
sors and assessments, to the selection and drawing of 
jurors and to election and election officers, that are now 


14 


(ct) Modified by §§ 39, 40 and 41 , ante. 




210 


SPECIAL LAWS 


[Chap. Vir. 


City solicitor. 


Aldermen, 
when elected 
and how com¬ 
missioned. 


Election of ad¬ 
ditional aider- 
man. 


Aldermen in 
certain wards. 


performed by the county commissioners, and all other 
duties now performed by the commissioners of the 
county not otherwise provided for in this act.—Act 2 
February, 1854, § 13, P. L. 31. 

55. The qualified voters of the said city shall, on the 
(first Tuesday in June, one thousand eight hundred 
and fifty-four, and on the first Tuesday in May bi-en- 
nially thereafter,) {a) elect one person learned in the 
law, to act as solicitor of said city, whose duties shall 
be prescribed by ordinance, and who shall be allowed 
to employ such number of assistants as councils may 
prescribe; the said solicitor ghall hold his office for the 
term of two years, and until his successor shall be duly 
qualified.— Ibid., § 15. 

56. That aldermen in and for the city of Philadel¬ 
phia, in the place of those whose commissions will 
expire previous to the time of holding the general 
election in October of the present year, and also of 
those whose commissions will expire in the year one 
thousand eight hundred and sixty-two, respectively, 
shall be elected at the time of holding the general 
election on the second Tuesday of October, one thou¬ 
sand eight hundred and sixty-one; and thereafter the 
election for aldermen shall take place on the second 
Tuesday of October, annually, to fill the place of those 
whose commissions will expire previous to the next 
succeeding general election ; commissions to be issued 
to the said aldermen under existing laws as to such 
as shall be elected in the place of those whose com¬ 
missions had expired at the time of the election in the 
present year, and as to such as shall be elected in the 
place of those whose commissions expire before the 
then next succeeding October election, so as to take 
effect at the expiration of the respective commissions 
so terminating, until the year one thousand eight hun¬ 
dred and sixty-four, and thereafter on the first day of 
January succeeding the election.—Act 21 March, 1861, 
§ 7, P. L. 166. 

57. Whenever the voters of any ward shall require, 
by a majority of votes, an additional alderman at any 
general or municipal election, such voters may vote 
for such additional alderman at the succeeding muni¬ 
cipal election, who shall thereupon be duly commis¬ 
sioned as such alderman.—Act 21 April, 1855, § 25, 
P. L. 269. 

58. That so much of the twenty-fourth section of 
the act, eutitled ‘‘A further supplement to an act, 
entitled ‘An act to incorporate the city of Philadel- 

(a.) Modified by §§ 89, 40 and 41, ante. 


211 


Chap. VII.] FOR PHILADELPHIA. 

phia,’ passed February second, one thousand eight 
hundred and fifty-four,'” as declares that there shall 
be but two aldermen in each of the wards of the city 
of Philadelphia, is hereby repealed, so far as the same 
relates to the Twenty-first, Twenty-second, Twenty- 
third and Twenty-fourth wards of said city.—Act 18 
April, 1855, § 1, P. L. 254. 

59. That if in any ward the term of any alderman Election of ai- 
or justice of the peace shall expire between any two deimen in cer- 
municipal elections, and there shall not be more than tam cases ’ 
one alderman or justice of the peace holding over, it 
shall and may be lawful for the qualified voters of said 
ward, at the constables’ election next preceding the 
expiration of such term, to elect one qualified person 
to act as alderman, although the term of the one 
whose place he is to fill shall not have expired : Pro - proviso. 
vided, That this section shall only apply in such cases 
where the term so to be filled shall expire within seven 
months next after the election, when such successor 
may be elected.— ll)id. s § 2. 

CO. The qualified voters of the city of Philadelphia constables to 
shall, at their next municipal election, elect, in each equal number 
ward, as many constables as they have aldermen; and of aldermen - 
whenever, by a vote of the qualified citizens, they • 
shall increase the number of aldermen, the number of 
constables shall also be increased : Provided , That this 
act shall not apply to the Twenty-first, Twenty-sec¬ 
ond, Twenty-third and Twenty-fourth wards of said 
city.—Act 30 March, 1858, § 1, P. L. 185. 

v F. To Prevent Frauds. 

Gl. That-it shall be the duty of the court of common inspectors of 
pleas, or any judge thereof, upon the application °f to be appointed 
ten citizens, alleging, under the oath of one or more, courtofcom- 
that they are apprehensive of frauds in any election mon pleas, 
district, to select and authorize at least three persons 
to be present with the officers of the election in such 
district, to act as inspectors of said election, for which 
they shall be so selected, and at the preparation of the 
tally jjapers, and while the said officers are making 
out and signing the returns of such election ; and the 
persons so selected shall keep a list of the voters vot- Duties of. 
ing thereat, noting thereon whether the voter was 
challenged or objected to or not, the reason of such 
challenge or objection, and the name of the witness 
examined ; and it shall also be lawful for either of the 
inspectors selected, as any other citizen might do, to 
object to a person offering to vote, and to investigate 
such objection; and the officers of such election, in 


212 


SPECIAL LAWS 


[Chap. VII, 


Compensation. 


Refusal of offi¬ 
cers to dis¬ 
charge duties, 
relative to. 


To be in addi¬ 
tion to existing 
lavs. 

Proviso. 


Proceedings 
when inspec¬ 
tors of election 
are of same po¬ 
litical party, or 
improperly 
chosen. 


(‘ourt may 
grant rule to 
show cause, &c., 
set election 
aside, and ap¬ 
point other offi¬ 
cers. 


such election districts, are required to afford to the in¬ 
spectors so selected and authorized, every convenience 
and facility for the discharge of their duty; and if the 
said officers shall refuse to permit the inspectors se¬ 
lected and authorized as aforesaid to be present, and 
perform the duties aforesaid, such refusal shall be evi¬ 
dence of fraud in conducting said election in such dis¬ 
trict, and shall be sufficient to set aside the same ; and 
the inspectors so selected shall be paid the same 
amount, and in the same manner, as is now provided 
for the payment of the judges and inspectors of elec¬ 
tions.—Act 3 April, 1860, § 1, P. L. 057. 

62. That if any officer or officers required to perform 
any duty or duties by the provisions of this act, shall 
neglect or refuse to discharge the same, he or they so 
offending shall be deemed and adjudged guilty of a 
misdemeanor in office, and on conviction thereof shall 
be fined in any sum, not exceeding one hundred dol¬ 
lars, and undergo an imprisonment in the county jail, 
in the discretion of the court, for a period of not more 
than one year.— Ibid., % 2, P. L. 058. 

# 03. That the provisions of this act shall be in addi¬ 
tion to the existing laws for the regulation and con¬ 
ducting of elections, except where the same are herein 
altered or supplied : Provided , That this law shall ap¬ 
ply only to elections held in the city of Philadelphia. 
Ibid,, i 3. 

04. That whenever thirty citizens of any ward in 
the city of Philadelphia shall present a petition to the 
court of common pleas of the said city, setting forth 
that in any election division of said ward the inspec¬ 
tors of elections or the return inspectors are of the 
same political party, and have been chosen or elected 
in violation of the spirit and intention of the several 
acts of assembly regulating elections, verified by the 
oaths or affirmations of any two of them, it shall be 
the duty of the said court to grant a rule on the offi¬ 
cers returned, chosen or elected for such division, to 
show cause, if any, they have, why the selection of 
such election officers should not be set aside; and if, 
upon the investigation of the matters set forth in the 
said petition, they shall be found to be true, it shall 
be the duty of said court to set aside the selection of 
such officers, and to appoint a judge, two inspectors 
and two return inspectors, to serve in such election 
division for the next election, and until others are 
duly elected or chosen; said appointments may be 
made from any part of the ward in which such elec¬ 
tion division is located; and the officers so appointed 


FOR PHILADELPHIA. 


<H3 


Chap. VII.] 

shall have and exercise the same powers and duties, 
and be liable to the same penalties as officers elected 
by the qualified voters now are.—Act 17 April, 1866, 

§ 1, P. L. 969. 

65. That from and after the passage of this act it Aldermen not 
shall not be lawful for any alderman of said city to to receive per- 
receive the payment of personal taxes, unless specially fe^s^ciai? 11 ’ 
deputed by the receiver of taxes of said city; and no deputed!™ y 
receipt for the payment of taxes heretofore given by 

any alderman, shall be taken as evidence of the pay¬ 
ment of any such tax by the election officers of any 
election division of said city; the said receiver of taxes 
shall have jiower, and he is hereby required, to ap¬ 
point at least one person, in each of the wards of said Appointments 
city, to receive poll taxes from citizens assessed there- 
for; said appointment shall be made at least three relative to axes< 
weeks before any election; and the person so ap¬ 
pointed, shall have some public place wherein he shall 
be found, for at least three hours, between ten and 
one o’clock, in each secular day, prior to the day of 
the election, and on the day of the election, during 
the whole time the polls are open ; of which time and 
place notice shall be given upon the street lists, now Notice, 
required to be published and posted: Provided , That Proviso, 
in the rural wards there shall not be less than three 
persons appointed, to each of whom shall be assigned 
the district for which he is to collect and receive such 
personal taxes; but no election division shall be 
divided in forming such district; said deputies shall 
be required to collect both city and state taxes from 
the citizens assessed either on the regular or extra as¬ 
sessment, unless he shall make oath or affirmation 
that he is unable to pay both, and not then, unless he 
shall have paid at least one of said taxes within four¬ 
teen months next previously: («) Provided, That if Proviso, 
any person, so appointed, shall issue or give a receipt 
to or for any person whose name is not upon the as¬ 
sessment list, shall be guilty of a misdemeanor, and 
on conviction thereof, shall be fined in a sum not ex¬ 
ceeding two hundred dollars, and imprisoned for a 
period not exceeding three months, both or either, in 
the discretion of the court.— Ibid., § 2. 

66. That whenever, in the investigation of any con¬ 
tested election, whether before any committee or coun¬ 
cils, any court of the city and county of Philadelphia, 
or committee of the Senate and House of Pepresenta- . 


(a) The court of common pleas, of Philadelphia, decided that the 
payment of either tax, within two years, was sufficient to enable the 
person so paying to vote.—M; S. 



214 


SPECIAL LAWS 


Certain wilful 
misconduct of 
election officers 
to be punisha¬ 
ble as a misde¬ 
meanor. 


Fine and im¬ 
prisonment. 


Returns subject 
to the inquiry 
and determina¬ 
tion of the 
court of com¬ 
mon pleas. 


City councils. 


[Chap. VII. 

tives, or a joint committee thereof, it shall appear that 
in any election division of said city, the officers of elec¬ 
tion shall have wilfully received the votes of ten per¬ 
sons or upwards, whose names are not contained in 
the list of taxable inhabitants furnished to the election 
officers of such division by the city commissioners, 
without requiring proof of the payment of taxes, citi¬ 
zenship and residence which now are or hereafter may 
be required by law, such dereliction of duty shall be 
deemed a misdemeanor; upon conviction whereof the 
said officers of election shall be fined in a sum not ex¬ 
ceeding one thousand dollars, and be imprisoned for 
a period not exceeding two years, both or either, at 
the discretion of the court.— Ibid., § 3, P. L. 970. 

G. Contested Elections, (a) 

67. The returns of all municipal elections in the city 
of Philadelphia, except members of the select and 
common councils, shall be subject to the inquiry and 
determination of the court of common pleas of the 
county of Philadelphia, upon complaint of fifteen or 
more of the qualified voters of the proper ward or divi¬ 
sion, or in case of a mayor, treasurer, city controller, 
receiver of taxes, city solicitor or city commissioner, 
by at least fifty of the qualified voters of the said city; 
which complaint shall be filed in the said court within 
twenty days after such election; and at least two of 
the complainants shall take and subscribe an oath or 
affirmation that the facts set forth in such complaint 
are true; and the said court, in judging of such elec¬ 
tion, shall proceed upon the merits thereof, and deter¬ 
mine finally concerning the same, according to the 
laws of this commonwealth; and shall have power, if 
they believe such complaint to have been made with¬ 
out sufficient cause, to dectee that the complainants, 
or any one or more of them, shall pay all legal costs 
incurred by feuch investigation; the select and com¬ 
mon councils, respectively, shall, in like manner as 
each branch of the legislature of this commonwealth, 
judge and determine upon the qualifications of their 
members; the trial of a contested election shall be 
held and conducted and be proceeded with in the 
manner set forth in the several sections of the act of 
assembly, passed July second, Anno Domini one thou¬ 
sand eight hundred and thirty-nine, providing for the 
trial of contested elections of the Senate and House 
of Representatives, excepting that the committee shall 


(a) See also act of 10 April, 1867, P. L.1123. 



FOll PHILADELPHIA. 


Chap. VII.] 


‘215 


be seven in select, and eleven in common council; no 
complaint of an undue election or false return shall be 
acted upon, unless presented within ten days after the 
organization of councils, nor unless signed by at least 
fifteen qualified voters of the proper ward, at least three 
of whom shall take and subscribe an oath or affirma¬ 
tion, that the facts set forth in said petition or com¬ 
plaint are true.—Act 2 February, 1834, § 35, P. L. 40. 

H. Miscellaneous—Philadelphia. 

G8. It shall be the duty of the sheriff of Philadelphia Duties of sher- 
city and county to give notice of all elections held un- iffs as to eiec- 
der the provisions of this act, designating the officers tlons ' 
to be elected and the time and place of such election; 
such notice shall be by proclamation, and advertise¬ 
ment in at least two daily newspapers published in 
the city of Philadelphia, at least twenty and not more 
than thirty days prior to every election, and the ex¬ 
penses of such advertising shall be paid out of the 
treasury of the city of Philadelphia; the county com¬ 
missioners of the county of Philadelphia shall imme¬ 
diately prior to the first election in the city of Phila¬ 
delphia, and the city commissioners thereafter, shall 
have the respective places appointed for holding such 
elections put in convenient and proper order for hold¬ 
ing and conducting the same, shall furnish to the 
election officers of each division the necessary blanks, 
stationery, et cetera, and a list of the taxable inhab- % 
itants of such division, and shall generally do and per¬ 
form such duties appertaining to elections, as they 
would be required by law or usage to perform had the 
elections or the election districts of the said city not 
been changed or altered : Provided , That the sheriff Proviso, 
and other officers shall do and perform all the duties 
in relation to the elections under this law, which are 
enjoined upon them by the general election laws now 
in force, unless otherwise provided by this act.—Act 
2 February, 1854, § 29, P. L. 38. 

09. It shall be the duty of the sheriff of the county Notice of muni- 
of Philadelphia, in his proclamation for every munici- ci P al elections, 
pal election, * * to state the number of members 

of * * the common council which the qualified 

voters of each of the wards shall be entitled to elect.— 

Ibid., § 2, P. L. 21. 

70. No county commissioner for the county of Phila- County com- 
delphia shall be eligible to serve as guardian of the m ' 

poor, member of the board of health, or director of the 
public schools during his continuance in office.—Act 
13 April, 1840, § 3, P. L. 304. 


21G 


SPECIAL LAWS 


Judges and in- 
spectors may be 
re-elected. 


Qualifications 
of school direc¬ 
tors. 


How election 
officers to be 
appointed. 


Restoration of 
names erased 
from list, rela¬ 
tive to. 


[Chap. VII. 

71. * * * All persons acting as judges and in¬ 

spectors of tlie general election of the city and county 
of Philadelphia may be re-elected, any law to the con¬ 
trary notwithstanding.—Act 28 April, 1851, § G, P. L. 
726. 

72. That school directors in the first school district 
of Pennsylvania, elected in the wards in said district, 
shall reside in the wards for which they are elected; 
and a removal from the ward shall cause a vacancy in 
said board, which shall be filled by the board in which 
such vacancy occurs, excepting in the Twenty-first, 
Twenty-second, Twenty-third and Twenty-fourth sec¬ 
tions, where all vacancies shall hereafter be filled by 
the remaining directors within the election districts 
in which such vacancies occur, (a )—Act 20 May, 1857, 
§ 1, P. L. 617. 

73. That the officers of election to be appointed by 
the board of aldermen of the city of Philadelphia, 
under the provisions of section twenty-four (24) of the 
act, entitled “An Act further supplemental to the act 
relative to the elections of this commonwealth,” ap¬ 
proved the seventeenth day of April, Anno Domini 
one thousand eight hundred and sixty-nine, (1869,) 
shall be appointed in the following manner, to wit: 
The judge and one inspector, and one return inspector, 
required by the said section, to be selected from the 
political party which polled the majority of legal votes 
in the election division for which they are to be ap¬ 
pointed at the next preceding general election, shall 
be chosen by that portion of the board of aldermen 
representing said political party ; and one inspector, 
and one return inspector, required by the said section 
to be selected from the political party which polled 
the next highest number of votes in the said division, 
at the said election, shall be chosen by that portion 
of the board of alderman representing the said last 
named political partv.—Act 14 March, 1872, § 1, P. L. 
359. 

74. That it shall be lawful for the court.of common 
pleas of the county of Philadelphia, upon the petition 
and personal application of any citizen whose name 
has been erased from the registry list of any election 
division of said city, to examine such citizen touching 
his right to vote at the election next ensuing, and if 
the said court shall be of opinion that said applicant 
is qualified to vote, the said court may order the name 
of said applicant to be restored to said registry list: 

(«) For modifications as to Twenty-second, Twenty-fourth and 
Twenty-seventh wards, see act 10 February, 1871, P. L. 41. 



217 


Oliap. VII.] FOR PHILADELPHIA. 

Provided , That said applicant shall give twenty-four 
hours’ notice to the canvassers of said division,"of his 
intended application, and no such action shall be taken 
by said court within three days immediately preceding 
said election.— Ibid., § 2. 

75. That at all special elections held in the city of At special elec- 
Philadelphia, the city commissioners of said city shall tions, commis- 
furnish to the election officers of each election division nishcoVyonTst 
a certified copy of the registry list of said division, as used at last gen- 
used at the general election immediately preceding eral election ' 
said special election ; and no person whose name is 

not on said registry list shall be allowed to vote in 
said division, unless he make proof to the satisfaction 
of the officers of said election that he is constitution¬ 
ally qualified to vote in said division, and make proof what proof to 
by two qualified voters of said division that he has re- be required of 
sided therein for ten days immediately preceding said not on 
election; and the persons making said proof shall 
take and subscribe an affidavit of said fact, which affi¬ 
davit shall be placed with the ballots and sealed up 
and returned with them by the election officers of said 
division.— Ibid., § 3. 

76. It shall be the duty of the inspector, who is Duty of inspec 
designated by the judge to keep the registry list tor keeping list 
during any election held in the city of Philadelphia, ay Qf elec ' 
to write in red ink the word “voted” on the registry 

list, across the name of every person whose vote is 
received at said election, at the time of the reception 
of said vote; and any inspector who omits to perform 
this duty shall be guilty of a misdemeanor, and upon Fenalt ^ for ne 
conviction thereof, shall be fined in any sum not less g iect. : °V 
than fifty dollars, and not exceeding five hundred dol¬ 
lars for each offence.— Ibid., § 4. 

77. Any judge or inspector who shall receive the Penalty for re- 
vote of any person whose name is not on said registry C g i r ^ n 8 s ^ 1 ° 0 t t e ^ f 
list, except in the cases of a special election, as pro- J}®”*° ns no on 
vided for in section three of this supplement, shall be 

guilty of a misdemeanor, and upon conviction thereof, 
shall be fined in any sum not exceeding five hundred 
dollars, and undergo an imprisonment of not less than 
three months, and not exceeding one year, for such 
offence.— Ibid., § 5. 

Note.—F or registry law applicable to Philadelphia, 
see pages C7-79, and ante, % 12 and 13. 


CHAPTEE VIII. 


Sundry Phila¬ 
delphia laws 
extended to Al¬ 
legheny. 


To prevent 
frauds in Lan¬ 
caster county. 


When township 
elections to be 
held in sundry 
counties. 


SPECIAL LAWS FOR SUNDRY COUNTIES AND 
CITIES. 


A. Counties. 

1. That all the sections, except the eleventh, of an 
act supplementary to an act to consolidate the city of 
Philadelphia, passed the second day of February, Anno 
Domini one thousand eight hundred and fifty-four, and 
to prevent frauds at elections, approved the first day 
of May, Anno Domini one thousand eight hundred 
and sixty-one, {a) be and the same are hereby extended 
to each election district in the county of Allegheny, 
which heretofore has, or hereafter may poll, at the gen¬ 
eral election, more than three hundred votes; and that 
the authority contained in the thirteenth section of 
said act, to appoint return inspectors, be extended to 
both the October and November elections, which may 
be held during the present year in the said county of 
Allegheny.—Act 8 April, 1864, § 1, P. L. 322. 

2. That on the application of six or more citizens of 
any election precinct or district of Lancaster city or 
county, alleging, under oath or affirmation, that they 
are apprehensive of frauds at any election, the judges 
of the court of quarter sessions of Lancaster county, 
may select and authorize three qualified citizens of 
such precinct or district to be present with the officers 
during the election and the making out of the returns, 
with the right to challenge votes: Provided , That no 
expense shall accrue to the county by reason of such 
appointment.—Act 31 March, 1854, § 1, P. L. 248. 

3. The township elections for the counties of Brad¬ 
ford, Susquehanna, Potter, M’Rean, Clearfield, Ly¬ 
coming, Wayne and Pike, shall be held on the third 
Friday in February of every year.—Act 2 July, 1839, 
§ 53, P. L. 529. 

4. See No. 27, infra. 

(a) P. L. 1861, 575-6-7. Ante, chap. VII, §§ 15 to 23, andX^. 


Allegheny. 





SPECIAL LAWS. 


211 ) 


Chap. VIII.] 

5. That the provisions of the seventeenth section of Armstrong, 
an act, approved March eleventh, one thousand eight 
hundred and fifty-two, be and the same are hereby ex¬ 
tended to the county of Armstrong.—Act 18 Febru¬ 
ary, 1869, § 1, P. L. 205.—See infra, No. 19. 

6. That from and after the passage of this act the 
township elections in the county of Armstrong shall 
be held annually on Friday next preceding the first 
Monday in March, instead of the second Friday in 
March, as now appointed by law.—Act 18 April, 1856, 

$1, P. L. 418. 

7. That so much of any law as requires constables Bradford. 

of the several townships and boroughs in the counties certain provi- 
of Bradford and Susquehanna to make returns to the sions repealed, 
several courts of quarter sessions and oyer and termi- 
miner be and the same is hereby repealed.—Act 19 
March, 1869, § 1, P. L. 441. 

8. That the attendance of constables upon general, Attendance of 
special, township and borough elections in said coun- eSion^how 11 
ties shall be paid by the respective townships and bor- p a ld. lons ’ 10 " 
ouglis of said counties.— Ibid, § 2. 

9. That from and after the passage of this act the Clearfield, 
elections for borough and township officers, in the sev¬ 
eral boroughs and townships in the county of Clear¬ 
field, shall be held on the second Tuesday in October 

in each year.—Act 25 March, 1868, § 1, P. L. 480. 

10. That the qualified electors of the county of Clin- Clinton, 
ton shall hereafter hold their township and borough 
elections on the fourth Friday in February in each 
year.—Act 28 January, 1858, § 1, P. L. 5. 

11.. That in all elections hereafter to be held by any Crawford, 
voluntary political association or party, in the county officers at pri- 
of Crawford, for any delegate or executive committee, mar y elections 
or for the nomination of candidates for public office, t0 be sworn ' 
the persons chosen to hold said election, as judges and 
inspectors, or clerks and officers, or any person in their 
absence or refusal to serve, assuming or chosen in their 
place, shall first be sworn or affirmed by some officer 
authorized to administer oaths, but if no such officer 
be present, one of the inspectors or clerks shall admin¬ 
ister the oath or affirmation to the judges, and then 
the judge so qualified shall administer the oath or 
affirmation to the inspectors and clerks, that they will 
correctly and faithfully conduct such election, protect 
it against all frauds and unfairness, and truly canvass 
all votes cast thereat.—Act 6 February, 1872, § 1, P. 

L. 82. 

12. It shall be the duty of the judges of such elec- ^^obj^ns’ 
tion to entertain objections made by any qualified t 0 votes. 


220 


To administer 
oath to voter 
that he will 
truly testify. 


To interrogate 
person as to his 
qualifications. 

To reject vote 
on refusal to be 
sworn or an¬ 
swer. 


When vote to 
be admitted. 


Penalty for 
false swearing. 


Provisions of 
act may be sub- 
mitted to vote 
of party, &c. 


Result to be re¬ 
corded and pub¬ 
lished. 


SPECIAL LAWS FOR [Chap. VIII. 

elector to any vote that may be offered, on the ground 
that the person offering it is not entitled to vote at 
said election, or that he has received or been pro¬ 
mised, directly or indirectly, any money, promise or 
reward, for his vote for any candidate, or that he has 
voted before, at that place or some other, on that day, 
in the same election ; and it shall be the duty of the 
judges of the election, if such objection be not with¬ 
drawn, to administer to the person so offering to vote 
an oath or affirmation, that he will truly testify to all 
matters relating to his said qualification, or receiving 
or being promised, directly or indirectly, any money, 
promise or reward, for his vote for any candidate, and 
whether he has voted at that or any other place on 
that day at such election; it shall then be the duty of 
the judges of election to interrogate the person so ob¬ 
jected to as to all the matters upon which said objec¬ 
tion was made, and generally as to his qualifications; 
if the person so objected to shall refuse to answer such 
questions, after said oath or affirmation shall have been 
administered, or shall refuse to take such oath or affir¬ 
mation, it shall be the duty of the judges of election 
to reject such vote; but if such oath be taken, and 
such questions be answered satisfactorily and not con¬ 
tradicted successfully by the sworn testimony of other 
witnesses who may be called, it shall be the duty of 
the judges of election to admit the vote, having the 
word “ sworn ” noted opposite the party’s name on the 
poll-list .—I Mel., § 2. 

13. Any officers of said elections, or any voter there¬ 
of, who shall violate any provisions of this act, and any 
person or voter who shall offer any money, reward or 
promise for voting thereat, and any person wilfully 
making a false statement, on oath or affirmation, at 
any such election, shall be guilty of a misdemeanor, 
and on conviction shall be punished by a fine not ex¬ 
ceeding five hundred dollars, and imprisonment not 
exceeding one year, or both.— ll)id., § 3. 

14. Any voluntary political association or party in 
said county may, by a vote of the executive committee 
thereof, elect to adopt the provisions of this act, or to 
submit the question of the adoption to a vote of the 
members of such political association or party; and 
a certificate of the vote of such executive committee, 
or the result of the vote of the members of such party, 
shall be duly certified and recorded in the proper office 
of the recorder of deeds of said county, who shall there¬ 
upon give notice, by publication, that such political 
association or party has adopted said act; and thence- 


COUNTIES AND CITIES. 


221 


Cliap. VIII.] 

forth this act, and all the provisions thereof, shall have Proceedings to 
full power and effect in and upon such political associa- be binding, if 
tion or party in said county; but no expense shall ado P tecL 
be incurred by the county or state in the conduct of 
elections under the provisions of this act.— Ibid., § 4. 

15. See Nos. 28 and 29. Dauphin. 

10. That the provisions of an act, approved the Erie 
sixth day of February, Anno Domini one thousand 
eight hundred and seventy-two, entitled “An Act to 
protect the elections of voluntary associations, to regu¬ 
late primary elections and punish frauds therein, 
within the limits of the county of Crawford,” be and 
the same are hereby extended to the county of Erie.— 

Act 3 April, 1872, § 1, P. L. 871.—See ante, Nos. 11, 

12, 13 and 14. 

17. That the qualified electors of the county of Forest. 
Forest shall hereafter hold their township elections on 

the first Monday in February in each year.—Act 25 
January, 1859, § 1, P. L. 8. 

18. That from and after the first day of January, j e ff er son. 
Anno Domini one thousand eight hundred and fifty- 

nine, the borough and township elections in Jefferson 
county, shall be held on the first Monday of February 
in each year; and all acts of assembly inconsistent 
with the provisions of this act be and the same are 
hereby repealed.—Act 16 April, 1858, § 1, P. L. 328. 

19. That so much of the second division of the sev- Lancaster, 
enth section of the act of thirteenth June, one thou¬ 
sand eight hundred and forty, relating to the elections 

of this commonwealth, as requires county commis¬ 
sioners to furnish every election district with a list of 
the voters residing therein, be and the same is hereby 
repealed, so tar as relates to township elections in the 
county of Lancaster; and it shall be the duty of the 
inspectors, to whom such lists are furnished at the 
general elections, to preserve the same for use at the 
township elections.—Act 11 March, 1852, § 17, P. L. 

129. 

20. That in all elections hereafter to be held by any Officers at pri- 
voluntary political association or party, in the county s e ^ e 0 c 1 ^ ns ’ 
of Lancaster, for any delegate or executive committee, 

or for the nomination of candidates for the public 
office, the persons chosen to hold said elections as 
judges and inspectors, or clerks and officers, or any 
person in their absence or refusal to serve, assuming 
or chosen in their place, shall first be sworn or affirmed 
by some officer authorized to administer oaths, that 
they will correctly and faithfully conduct such elec¬ 
tion, protect it against all frauds and unfairness, and 


222 


SPECIAL LAWS FOR 


[Chap. VIII. 


Officers con¬ 
ducting elec¬ 
tions may ad¬ 
minister oaths 
to each other. 


President of re¬ 
turn judges and 
clerks to be 
sworn. 

How to perform 
duties. 

Subject to. 


Lebanon. 

Time for hold¬ 
ing borough 
elections in 
Lebanon bor¬ 
ough, changed. 


Qualifications 
of voters. 


Tax to be levied 
upon persons 
removing into 
borough after 
first April. 


Proviso. 


truly canvass all votes cast thereat.—Act 29 May, 
187J, § 1, P. L. 1001. 

21. That the several officers authorized to conduct 
said elections shall, in the absence of any person hav¬ 
ing authority to administer oaths, be empowered to 
administer to each other the oaths or affirmations re¬ 
quired by said act, in like manner as is provided by 
the eighteenth section of the act of the second of July, 
Anno Domini one thousand eight hundred and thirty- 
nine, entitled “An Act relating to the elections in this 
commonwealth.”—Act 8 February, 1872, § 1, P. L. 90. 

22. The president of the board of return judges, and 
clerks selected on the day for the meeting of the re¬ 
turn judges of said primary elections, shall be sever¬ 
ally sworn or affirmed; and said return judges, presi¬ 
dent of the board and clerks, shall perform their duties 
in the same manner as prescribed in section seventy- 
eight of act of July second, one thousand eight hun¬ 
dred and thirty-nine, and shall be subject to the pro¬ 
visions of section one hundred and two of the act ap¬ 
proved July second, one thousand eight hundred and 
thirty-nine.— Ibid., § 2. 

Note. —Sections 2, 3 and 4 same as in Crawford 
county.—See ante, Nos. 11, 12, 13 and 14. 

23. That the time for holding the elections in the 
borough of Lebanon, for borough, ward, election offi¬ 
cers and school directors, be changed from the third 
Friday in March to the second Tuesday in October, 
in each and every year; and the terms of all officers 
now in office in said borough, which would otherwise 
expire on the third Friday of March next, be extended 
to the second Tuesday in October, A. D. one thousand 
eight hundred and sixty-nine.—Act 19 February, 1869, 

§ 1, P. L. 226. 

24. That the qualified voters of the borough, who 
are entitled to vote for members of the legislature, 
shall vote for borough officers of said borough : Pro¬ 
vided, They have resided in said borough ten- days 
immediately preceding said election, and have paid 
a borough and school tax, assessed within one year, 
and which shall have been levied at least ten "days , 
before said election.— Ibid., § 2. 

25. That the president of the town council of said 
borough is hereby authorized and required, annually, 
to levy a tax upon all persons who shall remove into 
said borough on or after the first day of April, in each 
aud every year, equal to a tax levied upon other citizens 
of similar circumstances : Provided , Said persons are 
not regularly taxed, and are omitted to be taxed for 


Chap. VIII.] COUNTIES AND CITIES. 


223 


borough purposes ; and the said president shall, eight 
days before the said election, return a list of said per- List to be re _ 
sons, so taxed, together with their respective taxes set turned to re¬ 
opposite their names, to the receiver of taxes of said ceiver of taxes - 
borough, who shall receive the tax and give a receipt 
therefor: Provided , That the said receiver of taxes List of deiin- 
shall, within four days after said election, make out a ma^lndhand 
list of all delinquents who shall neglect or refuse to STto chief bur- 
pay their tax, and hand it over to the chief burgess 8 ess - 
of said borough, and he shall issue his warrant to col¬ 
lect the same, and direct it to the receiver of taxes, 
or any constable of said borough, to be collected as 
other taxes are* collected by law.— ll)id., § 3. 

20. All laws hereby altered or supplied be and the Repeal, 
same are repealed.— Ibid ., § 4. 

27. That the provisions made in section first of this Provisions of 
act be and are hereby extended to all the townships first section ex- 
and boroughs within the county of Lebanon, and tende(1 * 

Moon and Finley townships, of Allegheny county.— 

Ibid. , § 5. 

28. That the provisions of the act, entitled “An Acfc 2 sth June, 
Act to change the time of holding borough and town- i87i, extended 
ship elections in the commonwealth of Pennsylvania,” to - 
approved June twenty-eighth, one thousand eight 
hundred and seventy-one, be extended to the several 
townships and boroughs of Lebanon and Dauphin 
counties, except the borough of Lebanon and city of Exceptions. 
Harrisburg.—Act 1 March, 1872, § 1, P. L. 194. 

29. That all the persons elected to office in said How long per _ 
townships and boroughs in Lebanon and Dauphin sons now in of- 
counties, except in the borough of Lebanon and city fiee to continue, 
of Harrisburg, shall hold their several and respective 

offices until the third Friday of March, Anno Domini 
one thousand eight hundred and seventy-three; and 
that no elections in said townships and boroughs shall 
be held until the third Friday of March, Anno Domini 
one thousand eight hundred and seventy-three.— 

Ibid,, § 2. 

30: That sections one hundred and fifty-three, one Lehigh, 
hundred and fifty-four, one hundred and fifty-five, one 
hundred and fifty-six and one hundred and fifty-sev¬ 
en, of an act relating to elections, approved July sec¬ 
ond, Anno Domini one thousand eight hundred and 
thirty-nine, be extended so as to embrace all cases of 
the contested elections of borough and ward officers 
and of judges and inspectors of elections: Provided, 

That the provisions of this act shall extend only to Northampton, 
the counties of Northampton and Lehigh—Act 9 
March, 1871, § 1, P. L. 204. 


224 


Monroe. 


Northumber’d. 


Number of 
councilmen in 
boroughs. 


How council- 
men to be cho¬ 
sen. 


Vacancies. 


Potter. 


Susquehanna. 

Tioga, 


Warren. 

When elections 
to be held. 
Proviso. 


Repeal. 


Wyoming. 

When elections 
to be held. 


SPECIAL LAWS FOE [Chap. VIII. 

31. That an act regulating the mode of voting at 
all elections in the several counties of this common¬ 
wealth, approved the thirtieth day of March, Anno 
Domini one thousand eight hundred and sixty-six, be 
and the same is hereby repealed, so far as it relates 
to the county of Monroe (a).—Act approved Septem¬ 
ber 6, 1872. 

32. The borough and township elections in the conn-' 
ty of Northumberland shall, from and after the pas¬ 
sage of this act, be held on the third Friday in Feb¬ 
ruary annually.—Acts 19 January and 10 February, 
1863, §§ 3 and 1, P. L. 1 and 25. 

33. That the number of town councilmen in each 
of the several boroughs of Northumberland county, 
to be hereafter chosen, except in the borough of Sun- 
bury, shall be six; and they shall be chosen accord¬ 
ing to the provisions of the fourth section of the act 
to define the limits and to organize the town of Bloorns- 
burg, approved March fourth, one thousand eight hun¬ 
dred and seventy; and vacancies in their number shall 
be filled by the court of common pleas of Northum¬ 
berland county, in accordance with the provisions of 
the fifth section of the same act.—Act 6 April, 1870, 
§ 1, P. L. 1000. 

34. The time of holding the borough and township 
elections in Potter county, be and the same is hereby 
altered and changed to the first Friday in February 
of each year hereafter.—Act 20 May, 1857, § 2, P. L. 
616. 

35. See Nos. 7 and 8, ante. 

36. The township and borough elections in the coun¬ 
ty of Tioga, shall be held on the Friday next preceding 
the last Monday in January annually.—Act 12 Janu¬ 
ary, 1865, § 1, P. L. 66. 

37. That hereafter borough and township elections 
within the county of Warren shall beheld on the sec¬ 
ond Tuesday of February: Provided , That officers 
elected at the last borough and township elections 
shall hold their offices until their successors are elected 
and duly qualified.—Act 29 March, 1872, § 1, P. L. 656. 

38. That all acts and parts of acts inconsistent here¬ 
with, so far as the same relate to Warren county, are 
hereby repealed.— Ibid., § 2. 

39. That from and after the passage of this act the 
township and borough elections, in the county of 
Wyoming, shall be held on the third Friday of March 
in each year.—Act 23 March, 1872, § 1, P. L. 522. 


(a) See Ante p. 95, § 36. 



225 


Chap. VIII.] COUNTIES AND CITIES. 

40. The official term of the several township and Terms of pre- 
borough officers, for the county of Wyoming, elected sent officers ex ' 
on the second Tuesday of January last, are hereby tenc ec ' 
extended until their successors are elected or ap¬ 
pointed by virtue of this act.— Ibid., § 2. 

41. All acts or parts of acts inconsistent with this Repeal, 
act are hereby repealed.— Ibid ., § 3. 

42. That it shall be lawful for the qualified voters York, 
of the county of York, from and after the passage of 
this act, to vote for all candidates for the various offi¬ 
ces to be filled at any election on one slip or ticket: 

Provided, The office for which every candidate is voted 

for shall be designated as required by the existing laws 
of this commonwealth.—Act 12 April, 1869, § 1. P. L. 

878. 

43. That the time for closing the several elections when polls 
in the several wards, boroughs and townships, in the close in Mont- 
county of Montgomery, shall be eight o’clock in the gomery county - 
evening; and all laws or parts of laws inconsistent 

with the provisions of this act, be and the same are 
hereby repealed, so far as relates to the said county of 
Montgomery.—Act 19 March, 1856, § 3, P. L. 136. 

44. That at all general, special and township, or bor- Whe ^ oJlg 
ough elections, hereafter held in the county of Brad- ciose^n Brad¬ 
ford, the polls shall be closed /it six o’clock in the af- ford county, 
ternoon, instead of seven, as heretofore provided by 

law.—Act 3 May,' 1864, § 1, P. L. 743. 

45. That the provisions of an act of assembly ap- Certain provi- 
proved the thirtieth day of March, Anno Domini one sions repealed 
thousand eight hundred and sixty-six, entitled “An and°Wyoming 
act regulating the mode of voting, et cetera,” be and counties, 
the same are hereby repealed as to Luzerne and Wyo¬ 
ming counties; and at all elections hereafter held in 

said counties of Luzerne and Wyoming, the mode of 
voting shall be the same as required by laws in force 
immediately before the passage jof said act of assem¬ 
bly.—Act 6 April, 1868, § 1, P. L. 729. 

46. That the sheriffs of Luzerne and Wyoming Sheriffs in pro 
counties shall, in their proclamations for the general ciamations to 
elections of the year one thousand eight hundred and s ive notice of 
sixty-eight, give notice of the repeal of the said act repea ' 

of assembly regulating the mode of voting.— Ibid., 

§2. 

46. That in all boroughs in the county of Washing- Washington 
ton in which they are now by law entitled to vote for county, bor- 
township officers, each voter in said boroughs shall be ?" gh electl0Ils 
required to erase from his ticket the names of such 
officers as said voter is not by law entitled to vote for, 
and to write upon the back of his ticket the words, 


226 


SPECIAL LAWS FOR [Chap. VIII. 


ernment, in 
whom to be 
vested, &c. 


Representation 
in select coun¬ 
cil. 

Representation 
in common 
council. 


“borough voteand the election officers are hereby 
required to throw out all such tickets marked as afore¬ 
said, in which it appears that said ticket contains the 
names of officers for which said voter is not by law 
entitled to vote.—Act 8 April, 1867, § 1, P. L. 879. 

B. Cities. 

Allegheny. 1. The municipal government of the city shall be 

Municipal gov- vested in one principal officer, to be styled the mayor, 
and two boards of councilmen, to be denominated the 
select and common councils, together with such other 
officers as are in this act named or may be created by 
councils under authority of this act; and said munici¬ 
pal government shall exercise such xiowers and privi¬ 
leges, and be subject to such restrictions, as are granted 
and prescribed in this act and such previous acts as 
are not re-enacted, repealed or supplied by this act.— 
Act 31 March, 1870, § 1, P. L. 717. 

2. The wards of said city shall be respectively rep¬ 
resented in select council by two representatives chosen 
to serve for the period of two years each.— IMcl., § 2. 

3. The several wards of said city shall be respec¬ 
tively entitled to one representative in common council 
for every five hundred and seventy-five resident taxa¬ 
bles, to serve as common councilmen for the period of 
one year: Provided , That each ward shall have at 
least two members of common council: And provided 
further , That if in any ward there shall be an excess 
above two-thirds of the said number of taxables, such 
ward shall be entitled to a representative for such ex¬ 
cess.— Ibid., § 3. 

4. That the mayor and presidents of councils shall 
idents of coun- constiute a commission, whose duty it shall be, prior 
oils ,to appor- to the first regular municipal election after the passage 
tiou oTwarSTn this act, and tri-ennially thereafter, to apportion the 
common.coun- representation of the several wards in common coun- 
cil - * cil, on the basis provided in section third, from the . 

list of resident taxables of each ward returned by the 
assessors last previous to such meetings of said com¬ 
mission.— Ibid., § 4. 

Present select 5. That the present representatives of the various 
councilmen to wards in select council shall respectively serve out the 
for which eS- term for which they were elected as fully, and with 
ed. like effect as if elected under the provisions of this 

act.— Ibicl, | 5. 

Terms of select 6. When two select councilmen are to be chosen to 
counciimenreg- represent any one ward at the same election, the one 
niated. having the highest number of votes shall be entitled 

to the two-yegr term, and the candidate having the 


Mayor and pres- 


227 


Chap. VIII] COUNTIES AND CITIES. 

next highest number of votes shall he entitled to the 
one-year term .—1 bid ., § 6. 

7. In ease two or more candidates for either select Cases of tie 
or common council receive an equal number of votes, v . otes in elec - 
and in consequence there is no election, the respective ciimen° r c ° im " 
councils shall determine by lot which of the candidates 
receiving an equal number of votes shall represent the 

ward, and in select council’'which candidate shall be 
entitled to the long term.— Ibid., § 7. 

8. Ho one shall be entitled to represent a ward in Qualifications 
select or common councils except a citizen of the ward of counciimen. 
he represents, and in case of removal from the ward, 

his seat shall be declared vacant and a new election 
ordered to fill the unexpired term; the qualification 
of a common councilman shall be that of a representa¬ 
tive, and of select councilman that of a senator of the 
commonwealth.— Ibid., § 8. 

9. The regular elections for mayor, counciimen, mu- Elections for 
nicipal and ward officers shall be held on the second municipal and 
Tuesday of December in each and every year: Pro- tobe held 
vided however, That the next election for mayor shall 

occur on the second Tuesday of December, one thou¬ 
sand eight hundred and seventy-one, and thereafter 
every third year.— Ibid., § 9. 

10. That all elections in said city shall be held in Elections, by 

each ward by the judges, inspectors and clerks ap- be 

pointed to hold the general elections, who shall meet 

within their respective wa?ds at the place designated 
by councils, and shall proceed to hold and conduct 
such elections according to act of assembly approved 
July second, one thousand eight hundred and thirty- 
nine, and its supplements; that the qualified voters of 
said city shall meet together in their respective wards, 
at such time and places, to elect the officers authorized 
by this or other acts of assembly; and the manner of Manner of vot- 
voting shall be by tickets printed or written, or partly ing. 
printed and partly written, severally classified as fol- How tickets to 
lows, viz: One ticket shall embrace ail city officers he classified 
voted for, and labelled “city;” one ticket shall em- andlabelled - 
brace the names of all candidates for city councils, 
and be labelled “ councils,” and one ticket shall em¬ 
brace the names of all candidates for school directors 
and all ward officers to be voted for, and be labelled 
“ward;” each class of tickets shall be deposited in a 
separate ballot-box; when the election shall be closed, 
and the number of votes for each candidate voted for 
in the respective wards shall be counted and ascer¬ 
tained, the judges authorized to hold and conduct such 
elections shall, within twenty-four hours thereafter, 


228 

Returns of 
elections. 


Councils to 
meet and exam¬ 
ine returns. 


May set aside 
elections in cer¬ 
tain cases. • 


May vacate 
seats of mem¬ 
bers for misbe¬ 
havior, &c., and 
order new elec¬ 
tions. 


Mayor to give 
notice of elec¬ 
tions. 


When council- 
men elect to 
meet and or¬ 
ganize. 

Each council to 
establish rules, 
&c. 

Qualifications 
of voters. 


special laws for [Chap. YIIL 

meet together at the city hall of said city, and shall 
prepare, under their respective hands and seals, a re¬ 
turn thereof, containing the names of persons voted 
for for mayor and other officers, with the number of 
votes, for each of them, and designating who are elect¬ 
ed, and shall forthwith give a notice in writing to the 
officers elect of their election, and shall tile the original 
returns with the mayor of said city; and the said judges 
shall appoint one of their number whose duty it shall 
be to deliver a true copy of said return, under seal, to 
the mayor of said city within three days after said 
election, and by him be delivered to councils upon the 
day of their organization : Provided however , That the 
returns for councils shall be made separate, and en¬ 
dorsed “select council” or “common council;” and 
the select and common councils shall, on the date of 
their organization, and after the respective councils 
are organized, meet in joint session to examine the 
election returns for mayor or other city officers, and 
to hear all remonstrances and objections to the same/ 
and judge and determine thereon, and to declare the 
person qualified having the greatest number' of votes 
to be legally elected; and in cases where the election 
has been unfairly or illegally conducted, or the num¬ 
ber of illegal votes given may render the result doubt¬ 
ful, shall have power to set the same aside and order 
a new election, giving notice thereof as in case of other 
elections ; and the respective councils shall have full 
power to vacate the seat of any of their own members 
for misbehavior, neglect of duty or other misdemeanor, 
and to order new elections for the same, and so in like 
manner, as often as occasion may require, on the death, 
resignation or inability of a member or members of 
said councils or other officers; and it shall be the duty 
of the mayor of said city to give at least ten days’ 
notice of the time and places of holding elections au¬ 
thorized by this act, by proclamation in the public 
papers or by handbills posted up at the most conspicu¬ 
ous places within the boundaries of said city.— Ibid., 
§ 10 . 

11. That the councilmen elect shall, on the first 
Tuesday following the first Monday of January in 
each year, assemble at their council rooms and shall 
organize their respective councils; each council shall 
separately determine and establish rules of their pro¬ 
ceeding, and be the judge of the election returns and 
qualifications of its own members.— Ibid., § 11. 

12. That all persons qualified to vote for state or 
county officers, and who shall have paid a city tax 


229 


Chap. VIII.] COUNTIES AND CITIES. 

within a year previous, shall be entitled to vote at all 
elections held in and for said city ; and it shall be the 
duty of the city treasurer to furnish election officers a Duty of trea- 
printed list of persons who have not paid a tax within surer - 
a year previous.— Ibid., % 12. 

13. On the day of organization the president of each Counciimen to 
council shall be sworn or affirmed, by a member there- sworn - 

of, to perform his duties with fidelity, and he shall im¬ 
mediately thereafter administer the same obligation 
to each member.— Ibid., % 13. 

14. The other officers of said city, to be elected by officers to be 
councils, shall consist of a treasurer, controller, engi- chosen by coun- 
neer, solicitor, superintendent of water works, and such consist whom t0 
other officers as councils may from time to time deem 
necessary and by ordinance create.— Ibid., § 14. 

15. The election of officers by council shall be at a Election of offi- 
time fixed by ordinance, and shall be by a viva voce cers by coun¬ 
vote ; and a concurrence of a majority of the whole Clls ’ time of,&c * 
number of members present shall be required, and the 

result shall be recorded in the journal of proceedings; 
the salaries of said officers, their duties and terms of salaries &c. 
service, not less than one nor more than three years, 
to be fixed and designated by councils, by ordinance, 
except wherein the same are specially fixed and deter¬ 
mined in this act; officers elected or appointed to fill Terms of offi- 
vacancies shall respectively hold for the unexpired cers to fill va- 
term only, and until the election or appointment and cancies - 
qualification of their successors: Provided, That ten 
days be allowed retiring officers to prepare papers and 
unfinished business to be handed over to their suc¬ 
cessors in office.— Ibid., 15. 

1G. That before entering upon the duties of his office Mayor to be 
the mayor elect shall be sworn or affirmed, in the pre- sworn, 
sence of councils, by the chairman or any member of 
council, to support the constitution of the United 
States and the constitution of this commonwealth, and 
td use fidelity in the discharge of his duties as may¬ 
or.— Ibid., § 16. 

17. That in case of a vacancy in the office of mayor, Vacancy in 
from any cause whatsoever, it shall be filled or sup- office of mayor, 
plied by a new election for the remainder of the term 

of office, to be held within thirty days thereafter, as 
councils shall designate, of which election the mayor 
for the time being shall give notice as in other elec¬ 
tions ; and until such vacancy is filled by a new elec¬ 
tion, councils shall appoint a mayor to act pro tern - 
pore — Ibid., % 17. 

18. The meetings of said councils for the transac- be 

tion of business shall be public, and at such time and public, &c. 


230 


SPECIAL LAWS FOE [Cliap. VIII. 


Constables, 
election of. 


Officers to give 
security. 


place as, by ordinance duly passed, shall be fixed for 
that purpose.— Ibid., § 18. 

Aldermen, 19. Two aldermen shall be elected for each ward, 

number of, &c. under the provisions and regulations of an act, enti¬ 
tled ‘‘An Act for the election of aldermen and justices 
of the peace,” approved June twenty-first, one thou¬ 
sand eight hundred and thirty-nine, who shall hold 
their offices for the time inscribed by the constitution, 
and shall have respectively and severally all the pow¬ 
ers, jurisdictions, authorities, fees and perquisites of 
justices of the peace of this commonwealth: Provided, 
That no election shall be held under this act for aider- 
men until a vacancy occur by death, removal, expira¬ 
tion of term of service or in other manner whatsoever 
it shall become necessary.— Ibid., § 19. 

20. The citizens of each ward shall elect constables 
annually, according to the provisions of the various 
acts of assembly of the commonwealth relative to con¬ 
stables.— Ibid., % 20. 

21. That all the officers of the said city, whether 
created by this act or by ordinance, shall, before en¬ 
tering upon discharge of their duties, give bond with 
security approved by the president of select council, 
in such sum as may be fixed by council, conditioned 
for the faithful discharge of their duties ; all officers 
shall render their accounts once a year to councils, 
and such accounts shall be published.— Ibid., % 21. 

Coimciis may 22. That select and common councils shall have 

changebounda- power, from time to time, to change the boundaries 
of wards and create new wards : that the wards of the 
wards. said city, as now created and bounded, shall remain 

the same after the passage of this act and as if it had 
never been passed, and so remain until changed by 
councils by virtue of the authority herein granted; 
councils are authorized to fix the place of holding all 
general and city elections for said wards, and to divide 
any wards into election precincts and change the same 
as often as convenience may require ; and it shall not 
be lawful for any citizen to vote at any of the said 
elections except within the ward wherein he resides.— 
Ibid., % 22. 

23. That the qualified electors of each and every 
ward shall elect at the regular election, each and every 
year, two inspectors and one judge of elections and 
assessors, as prescribed by the several acts and sup¬ 
plements of this commonwealth in relation thereto.— 
Ibid., § 23. 

24. That the mayor shall be elected for a term of 
three years, and shall be ineligible to said office for 


May fix places 
for holding 
elections, Ac. 


Inspectors, 
judges and as¬ 
sessors, elec¬ 
tion of. 


Mayor, term of, 
Ac. 


Chap. VIII.] COUNTIES AND CITIES. 


231 


three years next ensuing after expiration of term for 
which he was elected: Provided however , That the 
present incumbent shall not be ineligible after expira¬ 
tion of his present term of office for the term next 
following.— Ibid., § 24. 

25. That any officer elected by the people or by Removals from 
councils, for whose removal from office no other pro- office - 
vision has been specially provided, either in this ol 1 
any other act of assembly, may be removed from such 
office by a vote of two-thirds of all the council men : 

Provided , That no officer be removed except for cause, 
nor unless furnished with the charges and heard in his 
defence; and councils shall have power to compel the 
attendance of councilmen and witnesses, and produc¬ 
tion of papers when necessary, for the purposes of 
either party or parties in such trial, and shall proceed to 
hear and determine upon the merits of the case ; and 
if such officer neglect to appear and make answer to 
such charges, then councils may declare the office 
vacant.— Ibid., § 25. 

20. That no alderman of said city, nor any person Incompatibi i ity 
holding an office of trust or profit under the laws of 
this commonwealth, or the ordinances of the select 
and common councils, the emoluments whereof are 
paid out of the treasury of said city, shall be compe¬ 
tent to serve as a member of councils.— Ibid., § 20. 

27. That at the election of representatives in the carbondaie. 
year Anno Domini one thousand eight hundred and Election of 
sixty-nine, and triennially thereafter, the citizens of clerk of mayors 
the city of Carbondaie, qualified as set forth in the £° urt ’ relatlve 
act to which this is a supplement, shall elect one citi¬ 
zen of the commonwealth of Pennsylvania for clerk 

of the mayor’s court of said city ; the returns of which 
said election for clerk shall be made at the same time 
and place, and in the same manner, as the returns of 
election for representative, by return judges of the 
districts over which said mayor’s court has jurisdic¬ 
tion.—Act 20 April, 1809, § 1, P. L. 1221. 

28. That all acts or parts of acts inconsistent here- Repeal, 
with are hereby repealed.— Ibid., % 2. 

29. That so much of an act amending the charter of Lancaster, 
the municipal corporation of the city of Lancaster, Portions of cei ._ 
and dividing the same into nine wards, which was ap- tain acts repeal - 
proved April fifth, one thousand eight hundred and ed * 
sixty-seven, as provides for the election of certain offi¬ 
cers therein named, on the first Friday of May, and 

so much of an act to change the time and manner of 
electing school directors in the city of Lancaster, and 
to define the qualifications of voters for the same, ap- 


232 


Time of elec¬ 
tion of officers. 


Terms of office 
of certain offi¬ 
cers, when to 
expire. 


Proviso. 


Election and 
terms of office 
of mayor and 
select council- 
men. 


SPECIAL LAWS FOR [Chap. VIII. 

proved March sixteen, one thousand eight hundred 
and # sixty-eight, as provides for the election of twelve 
school directors annually,'on the fourth Friday in 
March, between the hours of one and seven o’clock in 
the afternoon, be and the same are hereby repealed; 
and all officers provided in and by said two acts to be 
elected on said days, shall hereafter be elected annu¬ 
ally on the second Tuesday of October; and the mayor 
shall issue his proclamation to the qualified voters of 
each ward at least twenty days before said second 
Tuesday of October, for the purposes provided in the 
fifth section of the above first named act.—Act 20 
March, 1869, § 1, P. L. 463. 

30. That the terms of all the officers elected solely 
by the electors within the corporation, including con¬ 
stables and school directors, whose terms expire by 
the present laws at any time in the year Anno Domini 
one thousand eight hundred and sixty-nine, and the 
terms of all the officers whose terms expire in the year 
Anno Domini one thousand eight hundred and seventy, 
shall end and expire on the second Wednesday after the 
second Tuesday of October, Anno Domini one thousand 
eight hundred and sixty-nine; and the terms of the 
present members of select council for the ‘Fifth, Sev¬ 
enth and Ninth wards shall expire on the second 
Wednesday after the second Tuesday of October, Anno 
Domini one thousand eight hundred and seventy: Pro¬ 
vided ', That the commissions of all aldermen expiring 
before the time herein provided for the election, shall 
continue for a period of thirty days after the time of 
said election; and all acts and proceedings had by 
them by virtue of their office, up until said period, shall 
be valid and effectual.— Ibid., § 2. 

31. That the qualified electors of said corporation 
shall, on the second Tuesday of October, Anno Domini 
one thousand eight hundred and sixty-nine, elect a 
citizen, duly qualified, to the office of mayor of said 
corporation ; the electors of the Second, Sixth and 
Eighth wards shall each elect one person, duly quali¬ 
fied, to the office of select councilman ; and the per¬ 
sons so elected shall each hold said office for the term 
of three years; the electors of the First, Third and 
Fourth wards shall each, on the second Tuesday of 
October, Anno Domini one thousand eight hundred 
and sixty-nine, elect one person, duly qualified, to the 
office of select councilman ; and the persons so elected 
shall each hold said office for the term of two years; 
the qualified electors of the Fifth, Seventh and Ninth 
wards shall each, on the second Tuesday of October, 


Cliap. VIII.] COUNTIES AND CITIES. 


233 


Anno Domini one thousand eight hundred and sev¬ 
enty, elect one person, duly qualified, to the office of 
select councilman ; and the persons so elected shall 
each hold said office for the term of three years from 
the second Wednesday after the second Tuesday of 
October, Anno Domini one thousand eight hundred 
and seventy .—I hid., § 3. 

32. That so much of section twenty-five of the act Eligibility to 
of incorporation of March twentieth, one thousand office, relative 
eight hundred and eighteen, and so much of section to * 
eleventh of the supplementary act of incorporation of 

April fifth, one thousand eight ‘hundred and sixty- 
seven, as would appear to render persons holding cer¬ 
tain offices ineligible as officers of the corporation, be 
and the same are hereby repealed, except as refers to 
aldermen and members of the legislature of the com¬ 
monwealth of Pennsylvania ; and hereafter no district 
attorney, sheriff or other officer, except members of 
Congress and members of the legislature of the com¬ 
monwealth of Pennsylvania, shall, on that>accouut, be 
ineligible to hold any office of the corporation, or any 
office filled solely by electors of the corporation.— 

Ibid., § 4. 

33. That at the election on the second Tuesday of Election of 
October, Anno Domini one thousand eight hundred school directors 
and sixty-nine, the qualified electors of the corpora¬ 
tion shall, in the manner indicated in the act, entitled 

“An Act to change the time and manner of electing 
school directors in the city of Lancaster, and to define 
the qualifications of voters for the same,” approved 
March sixth, Anno Domini one thousand eight hun¬ 
dred and sixty-eight, elect twelve persons duly quali¬ 
fied to serve as school directors for two years, and 
twelve to serve for three years, from the first Thurs¬ 
day of November following; and on the second Tues¬ 
day of October, Anno Domini one thousand eight hun¬ 
dred and seventy, and annually thereafter, the quali¬ 
fied electors, as aforesaid, shall, in the same manner, 
elect twelve persons, duly qualified, to serve as school 
directors for the term of three years from the follow¬ 
ing first Thursday of November.— Ibid., % 5. 

34. That the name of the mayor, together with all Tickets, reia- 
the officers provided by this act to be elected annually tive to. 

on the second Tuesday of October, shall be written or 
printed on one ticket separate from the state and 
county officers; said ticket shall be headed “city offi¬ 
cers,” and shall be deposited in a box provided spe¬ 
cially for that purpose.— Ibid., § 6. 


234 


SPECIAL LAWS FOB 


[Chap. VIII. 


Vacancies in 
councils, rela¬ 
tive to. 


Election and 
term of office of 
treasurer. 


Iieading. 

When to take 
up transcripts 
received from 
county commis¬ 
sioners 


When to place 
list of voters on 
house where 
elctions are 
held. 


Portion of act 
of June 2,1871, 
repealed as to 
Beading city. 


Qualifications 
of voters. 


35. That if any member of select or common coun¬ 
cil shall absent himself from three successive meetings 
thirty minutes after the hour appointed, without rea¬ 
sonable excuse, his seat shall be declared vacant; and 
from and after the passage of this act, if a vacancy 
occur in the select branch for the cause herein named, 
or by death, removal from the ward, resignation, or 
any other cause, during the term for which any mem¬ 
ber shall be elected, the same shall be filled for the 
unexpired term by their body.— Ibid., % 8. 

3G. That hereafter the city treasurer, instead of 
being elected on the Wednesday after the city election, 
as is provided in the twenty-fifth section of the act of 
April fifth,, one thousand eight hundred and sixty- 
seven, shall be elected, in the manner in said act 
named, on the second Wednesday after the second 
Tuesday of October; and he shall hold said office for 
one year from the first day of November in each and 
every year, and until his successor shall be duly 
elected and qualified.— Ibid., § 9. 

37. That it shall hereafter be the duty of each as¬ 
sessor in the city of Beading to take up the transcripts 
he has received from the county commissioners of 
Berks, the first Monday in August, in each and every 
year, instead of the first Monday in June, of each 
year, as required in the act of April seventeenth, one 
thousand eight hundred and sixty-nine, entitled “An 
act further supplemental to the act relative to the 
elections of this commonwealth.”—Act 12 March, 1872, 
§ 1 P. L. 329. 

38. That hereafter it shall be the duty of the asses¬ 
sors in the said city of Beading to place the copies of 
the lists of voters on the door of, or on the election 
place in each precinct of said city, on or before the 
first Monday of September, in each and every year, 
instead of on or before the first of August, in each 
year, as provided for in the act of April seventeenth, 
one thousand eight hundred and sixty-nine, entitled 
“An act further supplemental to an act relative to 
the elections of this commonwealth.”— Ibid., § 2. 

39. That section one of the act, entitled “An act 
relative to assessors in the county of Berks,” ap¬ 
proved the second day of June, one thousand eight 
hundred and seventy-one, in so far as it applies to the 
said city of Beading, be and is hereby repealed.— 
Ibid., § 3. 

40. That the sixth section of the act of assembly, 
approved the twenty-sixth day of April, Anno Dom¬ 
ini one thousand eight hundred and sixty-four, euti- 


Oliap. VIII.] COUNTIES AND CITIES. 235 

tied “An Act revising the charter of the municipal 
corporation of the city of Beaching,’’ be so amended 
that all freemen of the city of Beading, being citizens 
of the United States, who have resided within the 
bounds of said city for one year and have within two 
years paid a city tax, shall be entitled to vote at any 
election held in said city for city officers: Provided , 

That the payment of a city tax shall not be required 
of any citizen voting who shall be between the ages 
of twenty-one and twenty-two years.—Act 28 June, 

1871, § 1, P. L. 1373. 

41. That the select and common couucils of the city Councils may 
of Beading are hereby authorized, when in their dis- divide wards in- 
cretion they see fit, to divide the several wards in said fi° x places** 0 ? nd 
city into election precincts of not less than three hun- holding eiec- 
dred taxable inhabitants, to be numbered one, two, tions - 
three, and so on, and shall appoint suitable places for 

holding the elections in each precinct; and said coun¬ 
cil shall annually communicate to the sheriff of the 
county of Berks the places so appointed, who shall 
publish the same in his proclamation : Provided fur¬ 
ther, That the select and common councils of said city Proviso, 
shall be authorized to change the places of holding 
their ward and general elections, in the same manner 
and under the existing laws passed prior to the pas¬ 
sage of this act: Provided further, That upon the first Proviso 
division of the several wards into election precincts, lovlso * 
the members'of the councils, representing the said re¬ 
spective wards, shall designate the places of holding 
the elections in said ward, and if such designation be 
not made by such members withiiuten days prior to 
the first election held after the passage of this act, then 
the select and common councils of said city shall fix 
the places at which the election shall be held.—Act 
21 April, 1870, § 1, P. L. 1246. 

42. That the election officers, elected in the several vvhat officers to 
wards in said city, at the election previous to the di- conduct first 
vision of any wards into precincts, shall continue to ^ts° nin pre " 
act in the same capacity in the conduct of the next 
election, after said division, in the precincts in which 

they may reside ; and all additional officers necessary How additiona i 
to conduct the elections in said precincts, according officers to be ap- 
to law, at the next election, shall be appointed upon P ointed * 
the application of any of the citizens of precincts 
wffiere such officers may be necessary ; and the offi¬ 
cers so appointed, and their clerks, shall exercise the 
same powers, and perform all the duties, and be sub¬ 
ject to all the penalties, and be entitled to the same 
compensation as is now provided for by law in the 


236 


Proviso. 


Officers chosen 
in October, 
18G9, to con¬ 
duct first elec¬ 
tion in precincts 
where they re¬ 
side. 


Additional 
judges or in¬ 
spectors to be 
appointed by 
court. 


Proviso. 


Proviso. 


County com¬ 
missioners to 
furnish boxes, 
blanks, &c. 


lletums of elec¬ 
tions. 


SPECIAL LAWS FOR [Chap. VIII. 

case of election officers: Provided , That the judges and 
inspectors so appointed shall continue to act until the 
next election, when said officers shall be elected in the 
several wards and precincts, as is now directed by the 
laws of this commonwealth.— Ibid § 2. 

43. That the officers elected in the several wards in 
said city, in October, Anno Domini one thousand 
eight hundred and sixty-nine, shall serve in the same 
capacity as election officers, in the precincts of the 
said wards within which they may reside, to conduct 
the next election in the additional precincts created 
by virtue of this act, with like powers as if they had 
been elected to serve in said precincts ; and the addi¬ 
tional judges or inspectors necessary to conduct the 
elections lawfully in any of the said wards, shall be 
appointed by the judges of the court of common pleas 
of Berks county, and, together with the clerks by the 
said inspectors appointed, shall perform all the duties, 
and be clothed with all the rights, and be subject to 
all the penalties and restrictions now imposed upon 
election officers, and shall receive the same pay as is 
now allowed by law: Provided , That hereafter the 
judges and inspectors shall be elected in the several 
precincts by the qualified voters thereof, in the man¬ 
ner and at the time now directed by law: Provided 
further , That in case of vacancy of the offices for 
which the said persons may be elected as aforesaid, 
they shall be filled as is now directed by law— Ibid., 
§3. 

44. That the commissioners of the county of Berks 
shall furnish the necessary boxes, blanks and papers 
for holding the elections in each of said precincts; and 
they shall furnish a list of taxable inhabitants of each 
precinct or ward as now required by law, for the sev¬ 
eral election precincts of the county of Berks.— Ibid., 
§ 4. 

45. That the judges and inspectors of the several 
precincts meet at precincts number one, of their re¬ 
spective wards, at ten o’clock A. M. on the day fol¬ 
lowing the election, and there* make out a return of 
all votes given in such wards, and a certificate of elec¬ 
tion for each of the persons elected to office in such 
ward, which return and certificate shall be signed by 
the judges of such ward, or a majority of them; the 
judges shall then designate one of their number to be 
a return judge, and shall give him an accurate copy 
of the returns of the votes given in such wards for 
each person voted for, and the return judge to meet 
with the return judges of Berks county, as is now pro- 


Chap. VIII.] COUNTIES AND CII'IES. 


237 


•vided by the charter of the said city of Beading and 
the laws of this commonwealth.— Ibid., § 5. 

46. The treasurer of the city of Scranton shall here- Scranton, 
after be elected bi-ennially, and shall hold bis office Election and 
for two years from the time of his election, or till his term of office of 
successor is duly qualified: Provided, That the present treasurer * 
treasurer of said city shall hold his office till the first Provlso ' 
Tuesday in June, one thousand eight hundred and 

seventy: Provided farther, That the polls shall be r . . f ,, 
closed in the city of Scranton at seven o’clock in the osingo po s ' 
evening, at all elections.—Act 7 April, 1861), § 2, P. L. 

734. 

47. That the next election for district attorney of when election 
the mayor’s court for the city of Scranton, for clerk of for ofi & cers of 
said court and for marshal of said court, shall be held S a be r heid. Ult 
in the said city of Scranton, in the borough of Dun- 

more, and in the townships of Covington, Jefferson, 

Madison, Spring Brook and Boaring Brook, said city, 
boroughs and townships being in the county of Lu¬ 
zerne, and within the jurisdiction of the said mayor’s 
court, on the first Friday of May, in the year of our 
Lord one thousand eight hundred and seventy-two; 
and that all officers of the said city of Scranton to be When election 
voted as prescribed in the original charter of said for city officers 
city, and its supplements, the first Tuesday of June t0 be held - 
next, and on the day of the next general election, 
shall be voted for by the qualified electors of the said 
city on the said first Friday of May, Anno Domini one 
thousand eight hundred and seventy-two ; and that it 
shall be sufficient notice of said election this year, to Notice of elec _ 
the qualified electors of said city, borough and town- tion. 
ships, to publish this-act five times previous to the day 
of said election, in any four of the papers published 
in the said city, borough and townships, as the ma¬ 
jority of the members of the legislature from Luzerne 
county may designate in writing, the proper costs of 
said publication to be paid by the treasurer of said city 
out of the city funds.—Act 4 April, 1872, § 1. 

48. That the returns of said election shall be made Keturns. 
after two o’clock, afternoon, on the Saturday next 
after the day of said election; and all acts and parts 

of acts inconsistent herewith are hereby repealed.— 

Ibid., § 2. 

49. That all that territory in the city of Scranton Ninth ward di- 
bounded on the north by track of Delaware, Lacka-vided into two 
wanna and Western railroad, commencing at a stone ^ c C ts.° n 1S 
bride over Lackawanna river to Washington avenue; 

thence on south and east by said avenue, to a point 
on south-west corner of the new rolling mill; thence # 


238 


Second district 
of Twelfth 
ward divided 
into two elec¬ 
tion districts. 


Places for hold¬ 
ing elections. 


Wilkesbarre. 


Time for hold¬ 
ing elections. 


Mayor. 

Constable. 

Auditors. 


Councilmen. 


SPECIAL LAWS FOR [Chap. VIII. 

by a .direct line to Roaring Brook bridge at a steam 
grist mill; tbence by said brook to the crossing of 
Lehigh and Susquehanna railroad; thence by said 
railroad track to Stafford Meadow brook; thence by 
said brook to Lackawanna river, on west by Lacka¬ 
wanna river from Stafford Meadow brook to point of 
beginning, shall constitute a separate election district, 
to be designated as district number two of Ninth 
ward; and all that territory of Ninth ward not in¬ 
cluded in said boundaries shall constitute a separate 
election district, and be designated as district number 
one of said ward.— Ibid., § 3. 

50. That the Second district of Twelfth ward shall 
be divided into two election districts: That all the 
territory situated between River street and Stafford 
Meadow brook, in said Twelfth ward, Second district, 
shall constitute the First district; and the remaining 
territory of said Second district of the Twelfth ward 
shall constitute the Second district— Ibid., § 4. 

51. That all elections for district number one of 
Ninth ward shall be held at the .lock-up on Lacka¬ 
wanna avenue; for Second district of said ward, at 
house of John Goodwin; for district number one of 
Second district of Twelfth ward, at the house of 
Matthew Snow; for district number two of said Sec¬ 
ond district of Twelfth ward, at house of Patrick 
Corcoran.— Ibid., § 5. 

52. That the citizens of said city who are otherwise 
qualified voters under the laws of this commonwealth, 
and who shall have resided within the bounds of said 
city at least six months immediately preceding the 
election, and within two years paid a borough, city or 
township tax, shall meet together at the places for 
holding elections, hereinafter designated, in their re¬ 
spective wards, on the first Tuesday in June, one thou¬ 
sand eight hundred and seventy-one, and on the first 
Tuesday in May, and annually thereafter, between the 
hours of eight o’clock A. M., and six o’clock P. M., and 
elect one citizen, who shall have been for at least three 
years a resident of the borough or township of Wilkes¬ 
barre, and who shall be qualified to serve as a senator 
of the commonwealth, to be mayor, who shall serve 
for three years, and one person to be high constable 
of the city, to serve for one year, and three persons to 
be auditors, one of whom shall serve for one year, one 
for two years and one for three years; and the quali¬ 
fied electors of each of said wards shall at the same 
time and place elect one citizen, a resident of the re¬ 
spective wards, possessing qualifications for assembly- 


239 


Chap. VIII.] COUNTIES AND CITIES. 

man, for councilman, five of whom shall serve for one r e rms. 
year, five for two years and five for three years, the 
length of term to be determined by lot among the per¬ 
sons so elected after the election; and every year there¬ 
after, one person in wards where a vacancy occurs, to 
fill such vacancy; and the president judge of the court 
of common pleas of Luzerne county shall, on Friday 
succeeding said election, and on Friday succeeding 
said election every third year thereafter, appoint six 
persons, who shall be citizens of said city, as additional 
council men, who shall serve for three years; and said 
judge shall have authority to fill any vacancy that may judges to ap- 
happen in such number; and the twenty-one persons point additional 
so elected and appointed shall be the city council: 

Provided , That no compensation shall be allowed or Proviso> 
paid to any member of the council, all of whom shall 
hold their respective offices until their successors shall 
be chosen, or appointed and qualified ; and from and 
after said election, the powers, offices and duties of the 
burgess, auditors, high constable and council of the 
borough of Wilkesbarre, and those of*the several offi¬ 
cers by them appointed, shall cease and expire, except 
as hereinbefore and hereinafter provided; and said 
election and all subsequent city elections shall be gov¬ 
erned, as to the manner of holding the same, by the 
law T s of this commonwealth regulating township elec¬ 
tions ; and the first election shall be holden by judges Judges to ap- 
and inspectors appointed by the .president judge of the £^ r ® lection 
court of quarter sessions of Luzerne county, at least ° 
ten days before said first election, who is hereby au¬ 
thorized and required to appoint the same; the places 
for holding the election shall be as follows, to wit: 

For the First ward, at the school house on Oartright Places of vot- 
avenue; for the Second ward, at the house of Edward mg ‘ 

Boyle, on Parsons road; for the Third ward, at Neal 
M’Oabe’s hotel, on Market street; for the Fourth ward, 
at the Luzerne house; for the Fifth ward, at the Ex¬ 
change hotel; for the Sixth ward, at the house of James 
Peoples, on Market street; for the Seventh ward, at 
the engine house on South street; for the Eighth ward, 
at the Bristol house; for the Ninth ward, at the house 
now occupied by Daniel Shovlin, on Northampton 
street; for the Tenth ward, at the house of M. Andes, 
on Eiver street; for the Eleventh ward, at the engine 
house on Cinderella street; for the Twelfth ward, at 
the school house on Oregon street; for the Thirteenth 
ward, at the house of Patrick M’Grath, on Lehigh 
street; for the Fourteenth ward, at the school house 
on Parish street; for the Fifteenth ward, at the school 


240 


Election officers 


Constable. 


Election of 
school direc¬ 
tors. 


Meeting of re¬ 
turn judges. 


Contested elec¬ 
tions. 


SPECIAL LAWS FOR [Ohap. VIII. 

house on Blackman’s road.—Act 4 May, 1871, § 4, P. 
L. 539. 

53. The electors of each of said wards shall elect, 
annually, at the usual time and place, in addition to 
other ward and city officers herein elsewhere protided 
for, one person to serve as judge of election, and two 
persons to serve as inspectors, in the manner now pro¬ 
vided by law, and one person to serve as constable, 
who shall perform all the duties ajjpertaioing to said 
office.— Ibid ., § 18. 

54. The election for school directors aforesaid shall 
be held, on and after the first Tuesday of May, one 
thousand eight hundred and seventy-two, at the time 
and place of holding the general city election; and 
the school directors now serving shall allot themselves, 
in the First district, as follows: One thereof shall rep¬ 
resent the Ninth ward, one thereof shall represent the 
North district of the township of Wilkesbarre, and one 
each of the other wards; in the Second district, the 
directors shall allot themselves, one to the South dis¬ 
trict of the township of Wilkesbarre, one to the Fif¬ 
teenth ward, and two each to the Thirteenth and Four¬ 
teenth wards; in the Third district the directors shall 
allot themselves as follows: Two each of the Fourth 
and Seventh wards, and one to each of the other wards; 
and as vacancies occur, one director shall be .elected 
from each ward and the North district of Wilkesbarre 
township; in the First district, two each from the 
Thirteenth and Fourteenth wards, one from the Fif¬ 
teenth ward, and one from the South district of Wilkes¬ 
barre township,* in the Second school district of the 
city of Wilkesbarre, and one from each ward in the 
Third school district, in the city of Wilkesbarre, so 
that the number of directors in the First district shall 
be six, in the Second district six, and in the Third dis¬ 
trict seven, after the expiration of the terms of the 
present directors; and each district shall be and con¬ 
tinue an independent school district.— Ibid., § 28. 

55. The return judges from the several wards shall 
meet together at the place where the council hold their 
meetings in said city, at two o’clock in the afternoon 
of the day succeeding election, and there add together 
the votes given for the several officers to be elected 
by the united votes of the several wards in respect to 
each office, and file their returns with the clerk of the 
council, and give certificates to the persons duly elect¬ 
ed ; and the proceedings for contesting the election 
of any city officer shall be the same as is now provided 


Cliap. VIII.] COUNTIES AND CITIES. 


241 


by law in case of contested election of protlionotary 
of the court of common pleas.— Ibid § 30. 

50. That no voter, otherwise qualified, shall be en- Williamsport, 
titled to vote for any person for the office of mayor, 
recorder, treasurer, councilmen or school directors, in 
the city of Williamsport, unless he shall have paid a 
city tax, assessed in and for said city, within one year 
last preceding such election, and shall have resided in 
said city at least six months last preceding such elec¬ 
tion—Act 28 April, 1871, § 1, P. L. 507. 

57. That the Second ward in said city be and the Second ward di ¬ 
same is hereby divided into two wards, and Fourth ^ ar e dg into two 
street shall be the dividing line of said wards; and war s ' 
the territory as it now exists, which lies south of Second ward. 
Fourth street, shall hereafter be known as the Second 
ward of the said city ; and the territory of said Sec- Eighth ward, 
ond ward, as it now exists, which lies north of Fourth 
street, shall constitute an additional ward, and be 
known as the Eighth ward in said city; and the Sec- Number of 
ond, Sixth, Seventh and Eighth wards shall each have councilmen 
two councilmen, and the First, Third, Fourth and ^ ait s en 1 61 
Fifth wards shall each be entitled to three council- 
men ; and in order to provide for the election of coun- Election and 
cilmeu in the Eighth ward, created by this act, and terms of office 
one additional councilman allowed in the First, Third, of councilmen. 
Fourth and Fifth wards, the mayor shall issue his 
proclamation for a special election, to be held within 
eight days after the passage of this act, by the quali¬ 
fied electors in said wards, giving five days’ notice in 
one or more newspapers published in said city, and 
by at least three handbills put up in the most public 
places in the wards in which elections are to be held, 
in which notice he shall state the number of council- 
men to be elected in said wards, and the councilmen 
so elected shall hold their office until the next muni¬ 
cipal election*in said city; and at said next election 
the qualified electors of the Eighth ward shall elect 
two councilmen for said ward, one to serve for one 
year and one for two years; and the qualified electors 
of the First, Third, Fourth and Fifth wards shall each 
elect two councilmen, one to succeed the additional 
councilmen to be elected in said wards, as authorized 
by this act, and one to succeed the councilmen in said 
wards prior to the election on the second Tuesday in 
October, one thousand eight hundred and sixty-nine; 
and one of which councilmen in each of said last 
named wards so elected shall hold his office for one 
year and one for two years ; and thereafter there shall 
be two councilmen elected annually in said First, 

16 


242 


SPECIAL LAWS FOR [Cliap. VIII. 


office until next 4 
annual election. 


Time of hold¬ 
ing elections. 


Third, Fourth and Fifth wards, and one in the Second, 
Sixth, Seventh and Eighth wards: Provided , That the 
Place of hold- place for holding the elections in the Eighth ward in 
Ei 8 hth C ward ^ Sa ^ be at the Public School house OU Mtll- 

Jlg war ' berry street in the said ward; and the first election, 
who to hold and until their places are lawfully supplied, shall be 
first election, Henry F. Snyder as judge, and X. X. Beck 

and Jacob Brown inspectors of said election: Pro- 
Certam officers vided also , That the constables, assessors and other 
to continue in officers in the Second ward, as it now exists, shall con¬ 
tinue to exercise the duties of their offices in said ward 
as if this act had not been passed, until the next an¬ 
nual election in said city, when the Eighth ward, crea¬ 
ted by this act, shall elect the same number of offi¬ 
cers that the Second ward will then be entitled to 
elect by law: Provided further , That the next election 
for corporate officers, constables, assessors, judges and 
inspectors of elections, and any other officers required 
to be elected annually in said city of Williamsport, 
shall be held on the second Tuesday of May, in the 
year one thousand eight hundred and seventy-one, 
and annually thereafter; and all of said corporate 
officers, constables, assessors, judges aud inspectors 
of election, and other officers, shall hold their respec¬ 
tive offices until their successors are duly elected and 
qualified.—Act 22 March, 1870, § 1, P. L. 525. 

58. That the governor shall, after the passage of 
this act, appoint some competent person, who shall be 
a qualified elector of said city, to be styled recorder of 
the city of Williamsport, and who shall serve until 
the next municipal election in said city, at which time 
the qualified electors pf said city shall elect a recorder 
for the term of ten years, and said recorder shall be 

To be commis- commissioned by the governor, according to the con- 
.sioned. stitution and laws of this commonwealth.— Ibid. y % 5. 

59. And the said auditors hereinbefore named shall 
hold their office until the next city election, when the 
qualified electors of said city shall elect three compe¬ 
tent persons for city auditors, who shall perform the 
duties as provided in this section ; and thereafter one' 
auditor shall be elected annually, who shall serve for 

Compensation, three years; and said auditors shall receive five dol¬ 
lars per day for each day necessarily employed, to be 
paid out of the city funds.— Ibid., § 29. 

Returns of elec- 60. That the returns of all general and special elec- 
ti°ns. tions in said city, for municipal officers, shall be held 

and conducted by the officers holding the general elec¬ 
tions as now provided by law; and the judges of elec¬ 
tions from the several wards in said city shall meet 


Recorder, gov¬ 
ernor to ap¬ 
point. 


Election of. 


Term. 


Election of au¬ 
ditors. 


243 


Chap. VIII.] COUNTIES AND CITIES. 

the next clay after any annual or special municipal 
election, at the court house in said city, and deposit 
their returns with the clerk of the court of quarter ses¬ 
sions ; and the said judges shall meet on the same 
day, when the said clerk shall lay before them said re¬ 
turns, and the same shall be added by said judges, and 
they shall make out and sign one general certificate, 
and deliver the same to the said clerk of the quarter 
sessions, and also make out and deliver, either through 
themselves or the chief of police, certificates of elec¬ 
tion to the persons entitled thereto, according to such 
returns; and all contested elections, concerning any Contested eiec- 
municipal officer, shall be proceeded in in like manner tions - 
as is now provided by law in cases of township elec¬ 
tions.— Ibid., § 31. 


CHAPTER IX. 


FORMS. 


[For other forms used in elections, see Index, under head of Forms.] 

NATUKALIZATION.—No. 1. 

Commonwealth of Pennsylvania, > 

County of ., ) s,s * 

Be it remembered, that on the.^.day of., A. D. 

one thousand eight hundred and., personally appeared 

before me, prothonotary of the court of common pleas of said 
county, (or as the case may be,) A. B., who being duly sworn (or 
alfirmed) according to law, declares and says that he is a native 


of.and a subject (or citizen) of the King (or as the case 

may be) of. ; that he is now residing in.; 

that he is.years of age, or thereabouts, and that it is l)ona 


fide his intention to become a citizen of the United States, and to 
renounce forever all allegiance and fidelity to any foreign prince, 
potentate, state or sovereignty whatever, and particularly to the 

King (or as the case may be) of...of whom he is now a 

subject, (or citizen.) 

i >> I n testimony whereof, I have hereunto subscribed my 

name and affixed the seal of the said court, at__ 

., this.day of., in the year of 

our Lord one thousand eight hundred and. 


Prothonotary . 

Note.— This form is a copy, or substance, of the paper given 
to an alien who has filed his declaration of intentions to become a 
citizen. It is generally called the first paper, and does not en¬ 
title the holder to vote as a naturalized citizen. 


SEAL. 



















Chap. IX.] 


FORMS. 


245 


No. 2. 

Commonwealth of Pennsylnania, ) 

. County , S SS: 

Know all men by these presents, That, at a court of common 

pleas, held at..., in and for the county of., 

on the.day of., in the year of our Lord one 

thousand eight hundred and., A. B., a native of. 

., after having complied with the several acts of Congress 

in such case made and provided, and having declared on his solemn 
oath before the said court, that he would support the constitution 
of the United States, and that he did absolutely and entirely re¬ 
nounce and abjure all allegiance and fidelity to every foreign 
prince, potentate, state or sovereignty whatever, and particularly 

to., was admitted by the said court a citizen of 

the United States of America. 

I In testimony whereof, I have hereunto affixed the seal 

seal. > of said court, at., the.day of 

., 18 .... 


Prothonotary. 

Note.— This form is a copy, or substance, of the paper given 
upon admission to the rights of citizenship. It is commonly 
called the second paper, and is the only proper evidence of natur¬ 
alization. 


REGISTRY LAW. 

These forms were prepared by the Secretary of the Common¬ 
wealth, in compliance with the requirements of the registry law. 

No. 1. 


Form of affidavit to prove residence of person not registered, to be 
made by qualified voter , under the first clause of fourth section of 
registry law, approved 17 th of April , 1869. 


Commonwealth of Pennsylvania, 

County of .. 

I,., being duly sworn, say: That I am a qualified 

voter of the election district composed of the. 


in said county, and that I know., who now 

claims the right to vote therein, and have known him for. 

.and upwards, and that said claimant for the last ten 

days and upwards has resided in said election district in the house 
of. 


Sworn and subscribed this.-day > 

of., 18.., before me., S 

























246 


FORMS. 


[Oliap. IX. 


No. 2. 


Form of affidavit to l)c made by native lorn citizen not registered , 
but claiming right to vote , under the fourth section of the registry 
law, approved 17 th of April , 1869. 


Commonwealth of Pennsylvania, 
County of. ., 


SS: 


I,.. being duly sworn, say : That to the best 

of my knowledge and belief I was born on the.day of 

.A. D. 18.in .; 

that I am a citizen of the State of Pennsylvania and of the Uni¬ 
ted States; that I have resided in said last mentioned State for 
one year last past; Hliat 1 was formerly a citizen of Pennsylvania, 
and removed therefrom, and have now resided therein six months next 
preceding this election; that I have not removed into the district 
for the purpose of voting therein; that 1 have paid a State or 
county tax within two years, which was assessed at least ten days 


before this election; which tax was assessed on the.day 

of.. .18..., in the.of.., in 


the county of.., in the State of Pennsylvania, and 

was paid on the_day of., 18.., to., 

collector of taxes for said..., *who gave me a receipt 

therefor , which has since been lost or destroyed . 

Sworn and subscribed this.day > 

of.. 18.., before me. > 


No. 3. 

Form of affidavit to be made by naturalized citizen not registered, 
but claiming right to vote , under the fourth section of registry law , 
approved 17 th of April , 1869. 

Commonwealth of Pennsylvania, ) 

County of. .., ) s 

I,.. being duly sworn, say: That to the best of 

my knowledge and belief I was born on the.day of. 

A. D. 18.., in the.; that I 

was duly naturalized on the.day of.18..., in 

the court.; that I am a 

citizen of the State of Pennsylvania and of the United States; 
that I have resided in said last mentioned State for one year last 
past; that 1 have not removed into the district for the purpose of 
voting therein ; that I have paid a State or county tax within two 
years, which was assessed at least ten days before this election ; 

which tax was assessed on the.day of.. 18..., 

in the.of., in the county of., 

in the State of Pennsylvania, and was paid on the.day 


N. B. The words in italics can be erased when not applicable. 



























FORMS. 


Chap. IX.] 


5d4 7 


of.,18.., to.. collector 

of taxes for said..., *ivlio gave me a receipt llurefor , 

which lias since been lost or destroyed . 

Sworn and subscribed this.day ^ 

of., 18.., before me. S 


No. 4. 


Form of affidavit to be made by native born citizens not registered , 
and who claims right to vote on age, under fourth section of regis¬ 
try law , approved 17 th of April, 1809. 


Commonwealth of Pennsylvania, 
County of ., 


I, ...... being duly sworn, say : That I am a native 

born citizen of the United States ; that I am at this date between 
the ages of twenty-one and twenty-two years; that I have resided 
in the State of Pennsylvania for one year last past, and in this 
election district where I now claim the right to vote ten days next 
preceding this election. 

Sworn and subscribed this.day > 

of..,18 , before me. ) 


N. B.—If the person claiming the right to vote on age was born 
elsewhere than in the United States, he shall, in addition, state 
that fact in his affidavit, and shall produce evidence to the elec¬ 
tion board that he has been naturalized, or that he is entitled to 
citizenship by reason of his father’s naturalization. 


* N. B. The words in italics can be erased when not applicable. 












(JHAPTEK X. 


JUDICIAL DECISIONS. 


A. What persons may vote. 

B. When an election will be set aside. 

C. Contested elections. 

1. The petition. 

2. Other proceedings. 

D. Election officers. 


E. Wagers. 

F. When action will lie, or prosecution be 

sustained. 

G. Naturalization. 

H. Miscellaneous. 


CHAPTER X. 


JUDICIAL DECISIONS. 


A. What Persons May Yote. 

Section 1 . Under the constitution of 1790, and the act of 1799, 
the inspector of an election had no right to exact of a citizen, 
claiming to vote, an oath or affirmation that he continued in alle¬ 
giance to the United States during the revolution, or that he did 
not join the British forces during the war, or was not attainted of 
treason.— Bepublica vs. Gibbs, 3 Y. 429, 4 D. 253, S. G. 

Section 2. To enable a citizen of Pennsylvania, otherwise 
qualified, to enjoy the rights of an elector, it is necessary that he 
should, within two years next before the election, have paid a 
state or county tax, which had been assessed upon him person¬ 
ally , at least six months before the election.— Gatlin vs. Smith , 2 
S. B., 267. 

Section 3. If the name of one offering his vote is not found on 
the assessor’s list, it is the duty of the inspectors to demand proof, 
by at least one competent witness, who is a qualified voter, that 
he has resided in the district for moie than days, and that he did 
not remove into the district for the purpose of voting there.— 
Kneass’s case , 2 Par., 553. 

Section 4. The election officers are concluded by the answers 
of the party offering to vote, as to his residence in the state; but 
they have the right to obtain from him full answers upon the ques¬ 
tion, and if not satisfactory the vote should be rejected.— Anon., 
Com. Pleas, Philadelphia, 3 November, 1848, MS. 


i 







JUDICIAL DECISIONS. 


249 


Chap. X.] 

Section 5. The law providing for the voting of soldiers away 
from home in actual service, covers the case of municipal elections 
held at the same time as the general election; hence the soldiers 
in camp, belonging to Philadelphia, at the time of the election of 
1801, had the right to vote for their proper municipal officers, and 
to have their votes counted, if properly certified, and returned, and 
it was the duty of the judges of each ward to meet on the second 
Tuesday of November, to include the votes so returned in their 
enumeration.— Hulseman and Brinkwortli vs. Rems and Siner , 396, 
5 Wright; see also 19 Leg. Int, 44 and 60. 

Section 6. It is not a sufficient reason for invalidating the elec¬ 
tion that some of the return judges refuse to meet on that day; 
nor that those who did meet met at an unusual place, where it 
was shown that the duties of the return judges were so interfered 
with by a disorderly crowd that they could not be performed at the 
usual place.— Id. 

Section 7. Where the return judges included the soldiers’ vote, 
and issued certificates of election to those who were thereby elected 
members of common council, and it was evident that some of the 
returns were forgeries, and that through them several of the can¬ 
didates had improperly obtained certificates of their election, the 
courts cannot for that reason summarily interfere with and annul 
those certificates, in absence of proof that the return judges acted 
fraudulently; but the case must be tried by the forms of a “con¬ 
tested election,” before the tribunal appointed by law, and not by 
the ordinary forms of legal or equitable process before the usual 
judicial tribunals.— Id. 

Section 8. The right of a soldier to vote, under the constitu¬ 
tion, is confined to the election district where he resided at the 
time of his entering the military service, (a) — Chase vs. Miller , 
5 Wright, 404. 

Section 9. The forty-third section of the election law of Penn¬ 
sylvania, passed July 2, 1839, allowing soldiers in actual military 
service to vote, outside of the boundaries of the state, conflicts 
with the amended clause of the third article of the constitution, 
and is therefore unconstitutional, null and void.— Id. (a) 

Section 10. A citizen drafted into the service of the United 
States, who had notice, but refused to report, and was registered 
as a deserter, under the acts of Congress, is nevertheless entitled 
to vote, unless he has been convicted of desertion by a court 
martial.— Ruber vs. Reily , 3 Smith, 112. 

Section 11. The forfeiture prescribed must be adjudged to the 
convicted person, after trial by a court martial and sentence ap¬ 
proved.— Id. 

Section 12. The first section of the third article of the consti¬ 
tution (ante, chap. II, p. 53) determines affirmatively who shall have 
the rights of an elector, and is a description of those who shall not 

(a) This decision was made prior to the amendment to the constitution allowing 
soldiers to vote, ( ante , chap. II, page 54.) 



250 


JUDICIAL DECISIONS. 


[Chap. X, 

be excluded. And the act of fourth June, 1860, ante chap. VI, p. 
190, could not disfranchise a deserter or justify the refusal of his 
vote, in the absence of a conviction for desertion.— M’Cafferty vs. 
Gayer, et al., 9 P. F. S., 109. 

Section 13. Election officers have no power to reject the vote 
of an elector, on the ground that he was a deserter from the mili¬ 
tary service of the United States, in the absence of a regular con¬ 
viction of the offence.— Haber vs.Reily, 3 Smith, 112. 

Section 14. The mere fact that an elector is willing to swear, 
and does swear, that he considers a certain district his home, is 
not sufficient to entitle him to vote, if the facts and circumstances 
satisfy the election officers that his permanent home or domicil is 
elsewhere. —Allentown contested election case, Leg . Int ., 1871, p. 229. 

Section 15. Under the word freeman in the constitution of 
Pennsylvania, article III, section 1, the right of voting is confined 
to citizens of the male sex. —Burnham vs. Liming, Leg. Int., 1872, 
p. 5. 

Section 16. No constitutional qualification of a voter can be 
abridged, added to or altered by legislation. —Page et al. vs. Allen 
et al., 8 P. F. Smith, 338. 

Section 17. Students residing at a college in Allentown, “for 
no other purpose than to receive a collegiate education,” are not 
legal voters at that place. It is not their residence under the con¬ 
stitution.— Fry’s appeal, Leg. Int., 1872, p. 237. 

B. When an Election will be Set Aside. 

Section 18. In all cases in which irregularities in conducting 
an election are not of a flagrant character, the court is required to 
look into its good faith and integrity; and if they are manifest, 
we are not to defeat the popular will, because of some slip in the 
minor details of the election, which does not prevent our ready 
ascertainment of what that will is.— Sherritt’s case, 2 Par., 516. 

Section 19. It is material to be borne in mind that the act of 
assembly which gives this court authority to inquire into and de¬ 
termine upon a complaint of the undue election of an alderman 
or justice of the peace, requires of us, in judging concerning such 
election, to proceed “upon the merits thereof.” Hence, in all 
cases in which the irregularities in conducting an election are not 
of a flagrant character, we are required to look into its good faith 
and integrity ; and if they are manifest, we are not to defeat the 
expression of the popular will, because of some slip in the minor 
details of the election, which does not prevent our ready ascer¬ 
tainment of what that will truly is.— Boileau’s case, 2 Par., 505. 

Section 20. While no candidate can be an officer at an election, 
and the election as to him may be set aside on this account, yet it 
will not affect the election of other candidates for different offices, 
wlmre there is no charge of fraud or other improper conduct.— 
Id. 503. 


JUDICIAL DECISIONS. 


25 L 


Chap. X.] 

Section 21. An election will not be set aside because, upon the 
polls being closed at the hour specified by act of assembly, a num¬ 
ber of voters were in attendance whose votes were thereby ex¬ 
cluded.— Clark's case, 2 Par., 521. 

Section 22. The legislature having provided that the polls of 
the wards in the incorporated districts and city of Philadelphia 
should be kept open till ten o’clock in the afternoon, it was held 
to be a sufficient ground for setting the election aside that the 
polls were closed at eight o’clock.— Penn district election , 2 Par., 52C. 

Section 23. Where there are more names on the ticket than 
there ought to be, it is ground for rejecting the votes that contain 
such names, even if the other names were properly voted for.— 
Bleckley election, 2 Par., 534. 

Section 24. It is a general rule of elections that mere irregu¬ 
larities which do not tend to affect results are not to defeat the 
will of the majority. But where the law has prescribed a time 
and place of election, anerdesignated the officers who are to con¬ 
duct it, a majority may not set up other officers and hold a sepa¬ 
rate election.—8 H. 493, 4 Seld., 69. 

Section 25. The intoxication of one election officer and ignor¬ 
ance of their duties on the part of the others, are not sufficient to 
reject the vote of an entire precinct, unless fraud has been perpe¬ 
trated, or the irregularities have been so gross as to prevent any 
reliance on the acts of the election officers. 19 Leg. Int., 348, 20. 
Ibid. 20. But see 19 Ibid. 349, and 20 Ibid. 36.— Thompson vs. 
living, 5 Phila. Rep., 102. 

Section 26. The fact that some of the election officers of a pre¬ 
cinct were irregularly chosen, if they acted without objection, and 
there was no fraud, will not vitiate the return.— Ibid., Thompson 
vs. living, 102, 5 Phila. Rep. 

Section 25. Where one of the clerks, by intoxication, was una¬ 
ble to continue his labors, and another person was called to act in 
his place, but was not sworn, and continued to officiate until the 
regular clerk was able to resume his duties, the court refused to 
set an election aside on this ground, there being no allegation of 
fraud or mistake in conducting the election.— Boileau's case, 2 
Par., 503. 

Section 28. Though it appeared there had been a thoughtless, 
inconsiderate interferance with the tickets by a third person who 
came into the election room, yet as there was no pretended allega¬ 
tion of fraud or change of the votes, the court refused to set the 
election aside on that ground. —1 bid. 

Section 29. Under the act of second July, 1839, requiring that 
each ticket voted for at an election “ shall designate on the out¬ 
side the office or officers, and on the inside the name of the per¬ 
son voted for to fill such office or offices,” it was held that a ticket 
having the name of the candidate on the inside, and on the outside 
the words “prothonotary and clerk of the several courts of Luzerne 
county,” contained a sufficient designation for the office of u pro- 


252 


JUDICIAL DECISIONS. 


[Cliap. X. 

thonotary of the court of common pleas, and clerk of the courts 
quarter sessions, oyer and terminer, and orphans’ court of the 
county of Luzerne,” the said offices being filled by one person ; 
and the candidate so voted for, having received a majority of the 
votes, was declared duly elected to the said offices.— In re , Pro- 
thonotary of Luzerne county , C. C. P. of Luzerne , 3P. L. J., 155. 

Section 30. Upon the division of an election district, the func¬ 
tions of the election officers are destroyed, and cannot be exer¬ 
cised in either of the new election districts into which the old one 
is divided. The official functions of local officers fall with the 
political annihilation of the locality for which they were chosen 
or appointed.— Penn district election case , C. P, C. C. P. s Xov. 3, 
1848; Bright. Sup., 1849,145; S. P., 3 S. & E. 121; and see same 
case, Com. Pleas, Philadelphia, 11 May, 1850, MS. 

Section 31. The court have not power to interrogate a voter 
whose vote had been polled after the llbur for closing had arrived, 
for whom he cast his vote. Illegal voters may be thus interro¬ 
gated, but legal, qualified voters, voting illegally in this manner, 
cannot be compelled to disclose to any one for whom they have 
voted.— Locust ward contested election of 4 P. L. J., 341. 

Section 32. But where the majority is small and the rusult 
rendered doubtful, by uncertainty as to the number of votes polled 
after the legal hour for closing the polls has arrived, the election 
must be set aside.— Ibid. 

Section 33. When a poll is kept open after that hour, and the 
number of votes polled afterwards can be clearly ascertained, if 
the whole of those votes could not change the result, the election 
will not for this cause be set aside.— Ibid. 

Section 34. In the county of Clinton the offices of the prothono- 
tary of the court of common pleas, clerk of the court of oyer and 
terminer, orphans’ court, and court of quarter sessions, register of 
wills and recorder of deeds, are filled by one person. Tickets 
were polled at the election in October, 1843, containing in the in¬ 
side the name of the person voted for, and on the outside the 
words, prothonotary, register, recorder, &c.; held, that the tickets 
designated sufficiently all the other offices, within the meaning of 
the act of July 2, 1839, and the person voted for having received 
a majority of votes, was declared duly elected.— In re , Prothono¬ 
tary of Clinton county , 3 P. L. <J., 160. 

Section 35. If a ticket polled at an election, refer the election 
officers to the law requiring and regulating the election, by some¬ 
thing known and determinate and with reasonable certainty, the 
designation on the ticket, though not full, must be construed con¬ 
formably with the law.— Ibid. 

Section 36. Where several county officers are united in one, 
although the designation on the outside of the ticket does not 
enumerate the several offices, it is sufficient if it contain enough 
to refer the officers of the election, with convenient certainty, to 
the enumeration contained in the act of 2d July, 1839,— Ibid. 


JUDICIAL DECISIONS. 


253 


Chap. X.] 

Section 37. The neglect of some of the election officers to file 
the tally and return papers in the protlionotary’s office, will not 
vitiate the certificate of election.—20 Leg. Int., 20. 

Section 38. Evidence of bad faith on the part of the officers of 
an election will destroy their returns as evidence.— Q. S. Mann’s 
case , 2 Phila., 320. 

Section 39. An election which is not conducted according to 
law, either as to substance or form in any essential particular, is 
an undue election; and the more clearly is an election undue, in 
the management of which the positive and material requirements 
of the law are wilfully and knowingly disregarded and disobey¬ 
ed .—Campbell vs. Leech , Battlers vs. Megary , and Urwiler vs. Bal- 
lier , 25 Leg. Int ., 196. 

Section 40. If an election be held without necessity, at a dif¬ 
ferent place than that designated by law, the entire poll must be 
rejected .—Chadwick vs. Melnir , Leg. Int., 1872, p. 77. 


C. Contested Elections. 

1. Petition . 

Section 41. Under the act of the 2jLst June, 1839, relative to 
contesting elections of aldermen and justices of the peace, the pe¬ 
tition presented by the requisite number of citizens must be sworn 
to by two of their number.— Clark 1 s case , *2/Par., 521. 

Section 42. Unless a petition contesting an election set forth 
such facts as would change the result, the court will not entertain 
it, nor order an investigation, but will quash the same.— Carpen¬ 
ter’s case , 2 Par., 537. 

Section 43. If there is only an allegation that the officers have, 
in conducting an election, omitted to perform certain directory 
duties required by law, the court, on that ground, will not pro¬ 
ceed to an investigation of such facts.— Ibid . 

Section 44. If the petitioners only state facts with regard to 
frauds alleged to have been practiced, without averring that such 
frauds would have changed the result of the election, and how 
the result would be changed, the court will take no notice thereof, 
but will quash the petition.— Ibid. 

Section 45. It is the duty of parties complaining against the 
election or return of an officer, under the act of July 2d, 1839, to 
set forth the facts on which the complaint is founded, plainly and 
succinctly: and that to induce the court to proceed to the consid¬ 
eration of such a complaint, the facts set forth should exhibit a 
case which, if Sustained in proof, would render it the duty of the 
court either to entirely vacate the election, or to declare that an¬ 
other person, and not the party returned, was duly elected to the 
office in question .—SkerritVs case, 2 Par., 509. 

Section 46. A petition which merely contains a complaint of 
;. on/ is not sufficient; the terms “undue election or 


254 judicial decisions. [Chap. X. 

return,” are the expressions of facts which constitute such a return 
or election undue.— Ibid. 

Section 47. The petition stated that many illegal votes were 
received and counted for D. 0. S., and fraudulent votes were re¬ 
ceived, and that by the illegal mode of counting the tickets, a ma¬ 
jority had been made to appear in his favor; held, such an aver¬ 
ment is not sufficient.— Ibid. 

Section 48. A petition which merely states that D. 0. S. was 
returned elected, when W. S. was elected, is too vague and gen¬ 
eral — Ibid. 

Section 49. A petition which stated that the contestant was 
duly elected, as by counting the ballots voted by the qualified 
voters will appear, and by an inquiry and investigation into the 
election, was held to be too vague and imprecise.— Ibid. 

Section 50. Under the act of 2d July, 1839, requiring that, in 
order to contest certain elections before the court of common 
pleas, there should be a petition in writing, signed by thirty per¬ 
sons, and filed with the prothonotary within ten days after the 
election, the jurisdiction of the court attaches on the filing of a 
petition signed by the requisite number of names, and cannot be 
divested after the expiration of the ten days by the withdrawal 
of any portion of the names signed.— In re , Prothonotary of Clin¬ 
ton county , C. P. of Clinton , 3 P. L. J., 160. Clinton vs. Lawrence, 
4 Phil. Rep., 367. Stevenson vs. Lawrence , 5 Phil. Rep., 88. 

Section 51. If the ground for contesting an election is fraud, 
the petition must state in what the fraud consists.— Carpenter’s 
case , 2 Par., 537. 

Section 52. Where the petition stated irregularities and want 
of conformity to the provisions of the election laws, that are 
merely directory, the court quashed the petition, there being no 
allegation of fraud or mistake.— SkerriWs case , 2 Par., 509. 

Section 53. If a petition, on being presented, is defective in 
matter of form, or in substance, it may be amended at common 
law, by virtue of the power which a court of record possesses, of 
allowing, in their discretion, amendments for the furtherance of 
public justice.— Kneass^s case , 2 Par., 553. 

Section 54. Where the election officers return that a certain 
person received a majority of the votes for a township office, this 
is legal and prima facie evidence of his title to such office, and the 
only way to set it aside is by petition to the quarter sessions under 
the act of 1839. His title cannot be tried by quo warranto. — Com¬ 
monwealth ex. rel ., Ross vs. Baxter , I t 0., 263. 

Section 55. For the practice in contested elections, see this 
case.— Q. S ., Mann vs. Cassidy , 2 Phil., 199. 

Section 56. In the case of a contested election, those who sign 
the petition should be made acquainted with the contents of the 
paper and the grounds upon which the action of the court is in¬ 
voked — C.P., Northumbe land county contested election, 1 Phil., 446. 

Section 57. Where there are two claimants under the same 


Chap. X.] 


JUDICIAL DECISIONS. 


255 


election, for the same office, it constitutes a case of contested 
election, which can only be determined in the mode specially pro¬ 
vided >by statute ; in such case a quo warranto will not lie.—8 Wr., 
332. 

Section 58. That certain papers were not tiled in the proper 
office, does not tend to prove that the return judges erroneously 
entered and summed up, in their general return, the division re¬ 
turns reported to them.— Ewing vs. Filley et al, 9 20 Leg. Int 20. 

Section 59. In a complaint of an undue election or false re¬ 
turn the facts must be stated with clearness and precision, and 
must.appear to be material, and sufficient, if proved, to change 
the result.— Weaver vs. Given , 22 Leg. Int. % 380. 

Section 06. In the answer of the incumbent of the office to the 
contestant’s petition, the same strictness is required, and no 
greater.— Weaver vs. Given, 23 Leg. Int., 68. 

Section 61. It is sufficient to state specifically that illegal 
votes in numbers sufficient to affect the result were taken, the 
reason of alleged illegality need not be stated.— Id. 

Section 62. Allegations of general disregard of the election 
law alone will not be sufficient, but if coupled with a deliberate 
charge of fraudulent conduct preventing a fair election, it will be 
investigated.— Id. 

Section 63. The order of proof in such a case will be regu¬ 
lated by the court.— Id, 

Section 64. The petitions of the contestants of an election 
will not be quashed, because certain of its specifications contain 
contradictory averments. The true way to correct such a fault is 
to strike out the contradictory parts.— Firing vs. Filley et al., 20 
Leg. Int., 20, 7 W., 384. 

Section 65. A commission issued after a proceeding instituted 
to contest the election, is regarded only as provisional, or as a 
commission pendente lite , if the proceeding should be successful. 
—Id, 

Section 66. An act of assembly requires that petitioners con¬ 
testing an election should make affidavit that the statements were 
“true.” An affidavit that they w r ere ‘True to the best of their 
knowledge and belief” is sufficient. —Contested election cases in 
Phil., 1870, 15 Smith, 20. 

Section 67. The act of assembly is remedial, and is to be con¬ 
strued to advance the remedy.— Id. 

Section 68. The special purpose of the oath is to initiate the 
remedy and give it the impress of good faith and probable cause. 
—Id. 

Section 69. The petition of an undue election is simply a com¬ 
plaint to initiate inquiry. — Id, 

Section 70 . After an election case had been heard, and decree 
made ousting the incumbent, the court properly allowed the con¬ 
testants to amend their petition nunc pro tunc by adding another 
s peci li cat i o n. —I d. 


256 judicial decisions. [Chap. X. 

Section 71. The power of amendment is within the discretion 
of the court, and cannot be revised.— Id. 

Section 72. The refusal to quash a petition in an election case 
is not a ground of error.— Id. 

Section 73. In the supreme court, the only inquiry is, whether 
the petition is sufficient in its frame, and sets forth a proper 
ground of complaint.— Id. 

Section 74. A prayer in the petition in an election case was to 
“strike out” certain returns. This prayer did not vitiate the 
charge of an undue election and false return.— Id. 

Section 75. Where there are contradictory averments, the 
proper practice is to move to strike out the contradictory part.— 
Id. 

2. Other Proceedings. 

Section 76. The court, on hearing a petition for contesting an 
election, will not take notice of the papers that are filed in the 
office of the prothonotary, where they are not referred to, nor 
made part of the petition and the record in the cause.— Carpen¬ 
ter’s case , 2 Par., 537. 

Section 77. The court will not, on a general request, order the 
ballot boxes to be re-counted, without some specific charge or alle¬ 
gation of fraud or mistake sustained by affidavits.— Kneass's case , 
2 Par., 553. 

Section 78. In cases of contested elections the court are not like 
a board of canvassers, but their duties are to examine into the ex¬ 
istence of such specified frauds and irregularities as would nullify 
the result made by the return judges.— Ibid. 

Section 79. An issue to a jury will not be directed to try the 
question of an alleged fraud in an election.— Ibid. 

Section 80. An elector, in a case of contested election, may 
voluntarily appear and disclose, on oath, for whom he voted.— I bid. 

Section 81. The petitioners for contesting an election are com¬ 
petent witnesses to testify and prove for whom they voted.— Ibid. 

Section 82. A court of quarter sessions, in judging of the va¬ 
lidity of a township election, has not the power to order another.— 
M’DameVs case, Q. S., 4 P. L. J., 310. 

Section 83. To reject an illegal vote it must be shown for whom 
it was polled, and it cannot be taken from the candidate who re¬ 
ceived a majority of votes, unless it is proved that the vote was 
polled for him.— Ibid. 

Section 84. Where a person has voted illegally he is bound to 
disclose, on oath, for whom he voted, or the fact may be established 
aliunde; and when it is ascertained for whom he voted, that vote 
must be taken from the candidate for whom it was polled.— M'- 
DanieVs case , Q. S., 4 P. L. J., 310. 

Section 85. In a contested election case, the party having the 
next highest number of votes, and who is contesting the right of the 
officer elect, has no power to discontinue the proceedings.— Cas¬ 
sidy's case , Q. S., Phila. 15 May, 1857, M. S. Brightly’s Dig., 392. 


JUDICIAL DECISIONS. 


257 


9 Chap. X.] 

Section 8G. The court will not notice papers filed in the pro- 
thonotary’s office, not referred to, nor made part of the petition 
and record.—2 P., 537. 

Section 87. The election of election officers of the same party 
by a division of the vote cannot be inquired into in a contest for 
office voted for at the election conducted by such officers.— Weaver 
vs. Given, 23 Leg. Int., 68. 

Section 88. The courts sitting in equity have power to restrain 
an individual from the u$e of a false certificate of election in de¬ 
rogation of the rights of others.— Miller vs. Lowry, et al ., 20 Leg. 
Int. 5. 

Section 89. The common council of the city of Philadelphia, 
alone, have power to judge of the qualifications of its members.— 
Commonwealth, ex. rel., Dnffield vs Louglin and others , 20 Leg. Int. 
100 . 

Section 90. The supreme court will not interfere by manda¬ 
mus.— Id. 

Section 91. As to soldiers voting at municipal elections See 
Hulseman and DinkwortJi vs. Rems and Miner, 20 Leg. Int., 101. 

Section 92. The supreme court will, on the petition of a private 
citizen, grant a writ of quo wgrranto to test the right of a member 
of councils of the city of Philadeljjhia to his seat in that body.— 
Comm. ex. rel., Yard, et al., vs. Meeser, 20 Leg. Int , 132. 

Section 93. The common pleas sitting in equity has not juris¬ 
diction to restrain the prothonotary from transmitting returns of 
the soldiers’ vote to the return judges, and thus determine colla¬ 
terally the rights of certain persons who claim certain offices. Re¬ 
turns being in due form of law and regular upon their face.— 
Lawrence vs. Knight, 4 Phila. Reports, 355. 

Section 94. The duty of the prothonotary in respect to returns 
of the soldiers’ vote, explained.— Id. 

Section 95. The return judges cannot go behind the certificate 
of company returns delivered to them by the prothonotary.— Id. 

Section 96. The returns being regular in form and no question 
of fact being made in the answer to the mandamus.— Id 

Section 97. Return judges have no right to discriminate against 
returns sent in by the prothonotary on the ground of fraud, the 
returns being regular on their face.— Commonwealth vs. Tree, 4 
Phila. R., 362. 

Section 98. The court will compel the return judges to count 
the votes by mandamus.— Id. 

Section 99. The courts sitting in equity have power to restrain 
an individual from the use of a false certificate of election in dero¬ 
gation of the rights of others.— Miller vs. Lowry, 5 Philadelphia 
Report, 202. 

i Section 100. The one hundred and fifty-fifth section of the act 
of second of July, 1839, (ante, chap. V, § 36,) giving to the courts 
of quarter sessions, in cases of contested elections, the same pow¬ 
ers conferred on committees of the legislature, to compel the at- 
17 


258 judicial decisions. [Chap. X. 

tendance of witnesses and the production of books and papers, is 
a grant of power for the specific purposes named, but does not 
make the decree of the quarter sessions final and conclusive, like 
the report of the committee in a case of contested membership in 
that body.— Chase vs. Miller , 5 Wright, 403. 

Section 101. The law lias‘made the return the only evidence 
of an election, in the first instance, and conclusive until it has 
been corrected or shown to be false by a judicial determination.— 
Ewing vs. Thompson , 7 Wright, 372. * 

Section 102. In an election contest, the judicial proceeding 
terminating with the judgment or decree, nothing remains, so far 
as the court below is concerned, to be stayed by a certiorari. — Id. 

Section 103. Whether the service of a certiorari on the court 
takes away from the executive the power to issue a new commis¬ 
sion, in view of a decree correcting election returns, not decided. 
His action would not be disobedience to the writ, for that goes 
only to the judges.— Id. 

Section 104. But the writ stays the action of the party after¬ 
wards receiving the new commission issued in accordance with the 
decree. His title to his commission is not taken away, but his 
right to proceed under it is suspended until the final decision un¬ 
der the revisory writ.— Id. 

Section 105. A reversal of the decree leaves the original return 
and commission in full force. An affirmance establishes the right 
to act under the new commission and to receive the emoluments 
of the office from its date.— Id. 

Section 106. A party holding such new commission as sheriff 
attempting to interfere with the office, before a decision on the 
certiorari , will be restrained by injunction.— Id. 

Section 107. In an election contest, the general return, striking 
out the illegal votes appearing on it, shows prima facie who is 
elected*, and the contestant, to rebut it, must show fraud or mis¬ 
take in making up the return, and that the actual facts of the 
voting are in his favor. The neglect of some of the election offi¬ 
cers to file tally papers or return papers with the prothonotary 
will not avail him, and a refusal to allow him to aver and prove 
such neglect is not error.— Ewing vs. Eilleg et al ., 7 Wright, 384. 

Section 108. The refusal of the court to allow the averment 
and proof of facts which, if admitted, would not alter the result, 
is no ground for reversal.— Id. 

Section 109. The act ot 1839, instituting the form of proceed¬ 
ing for contesting elections, and depriving a party claiming a 
right to a public office by a popular election, of a trial by jury of 
the disputed facts, is not unconstitutional.— Id. 

Section 110. Where there are two claimants under the same 
election for the same office, which only one of them can have, it 
constitutes a case of contested election, which is to be tried in the 
mode specially provided for in such cases, and not by the ordinary 
form of judicial process, the statutory remedy for this statutory 


Chap.X.] JUDICIAL DECISIONS. 259 

right supplying the place of the common law remedy.— Common - 
wealth, ex. red., M'Curdy vs. Leech , 8 Wright, 332. 

Section 111. The mode of trying contested elections of coun- 
eilmen of Philadelphia is specially provided for in the city charter 
of 1854, and in such contests the courts have no jurisdiction.— Id. 

Section 112. Neither the allegation of fraud in the election or 
in the conduct of the election officers or the contesting candidates 
are sufficient to authorize the courts in exercising jurisdiction 
where it is withheld by the legislature, and especially where the 
tribunal to which jurisdiction is given is vested with ample powers 
to inquire into and try all questions that are necessary to a proper 
decision of the case.— Id. 

Section 113. The supreme court, on the petition of a private 
citizen, will grant a writ of quo warranto to test the right of a 
member of the common council of a city to a seat in that body.— 
Commonwealth, ex. rel., Yard vs. Meeser, 8 Wright, 341. 

Section 114. Where the claim is based on the alleged fact that 
the ward from which the claimant was returned, already repre¬ 
sented by one, is entitled to two members, as having four thou¬ 
sand taxable inhabitants, it must apper that it had that number 
of taxables in the preceding year; and where the list of taxables 
returned to the Commissioners’ office, with the assessment book in 
the previous year, omitting names erased, did not contain that 
number, and especially where no proclamation for an election for 
that office was made by the sheriff, and but five votes were cast 
for the claimant: Held that sufficient cause existed for the allow¬ 
ance of the writ.— Id. 

Section 115. The supreme court cannot inqure whether the 
election was regularly conducted; for that duty belongs to the 
branch of councils in which the seat is claimed; but they can de¬ 
cide the question whether there was an office or vacancy to be 
filled.— Id. 

Section 116. Either of two conflicting bodies of men claiming 
to hold one and the same office, at one and the same time, may 
apply to the court for an injunction to restrain the other from the 
usurpation of powers to which they are not legally entitled. In 
case of public corporations, the action of the attorney general is 
necessary for the institution of proceedings for this purpose.— 
Kerr , et al , vs. Trego , et al., 11 Wright, 292. 

Section 117. In all bodies that are under law, where there has 
been an authorized election for the office in controversy, the cer¬ 
tificate of election, which is sanctioned by law or usage, is the 
prima facie written title to the office, and can only be set aside by 
a contest in the forms prescribed by law.— Id. 

Section 118. Courts have no power to exclude from the return 
the entire vote of a division or township.— Campbell vs. Leeeh, 
Batturs vs. Megary, and TJrwiler vs. Ballier, 25 Leg. Int , 196; 
opinion of Taylor, president judge, in contest for county commis¬ 
sioner in Cambria county, in 1858; reported in Altoona Tribune 
of February 10, 1859. 


260 


JUDICIAL DECISIONS. 


[Chap. X. 

Section 119. On the division of a body that ought to be a unit, 
the test for ascertaining which of them represents the legitimate 
social succession, is which of them has maintained the regular 
forms of organization according to the law and usages of the body, 
or (in the absence of these) in accordance with the laws, customs 
and usages of similar bodies in analagous cases.— Id. 

Section 120. Where an ordinance of the common council of 
Philadelphia provided that the clerk and assistant clerk elect 
should continue in office until the organization of the new council 
and until their successors should be duly elected; and it appeared 
that at the organization of the new council there were present 
twenty-three members whose term had yet one year to run, among 
whom was the president of the preceding year; that the said 
president and clerks were in their usual places on the day and at 
the hour appointed by law for the organization of the new coun¬ 
cil : Held , that it was the right of said officers to organize the 
council by first calling the roll of members whose term of office 
had not expired, and then requiring the new members to present 
their certificates, that their names might also be enrolled ; and 
that any interference with this mode of organization was irregular 
and improper; the right of members to seats in council must be 
ascertained in the manner prescribed by law.— Herr, et al„ vs. 
Trego , et al , 11 Wright, 292. 

Section 121. Under a certiorari the merits cannot be reviewed ; 
they belong exclusively to the court below. : — Contested election cases 
in Phila., 1870, 15 Smith, 20. 

Section 122. A statute required that the “qourt shall hear and 
determine such contested election at the next term after the 
election shall have been held.” Held , that this was directory 
merely, the act to be done being judicial.— Ibid. 

Section 123. The quarter sessions may authorize the testimony 
in contesting the election of district attorney to be taken by ex¬ 
aminers out of its presence.— Ibid. 

D. Election Officers. 

Section 124. It has been ruled by the court of common pleas 
of Philadelphia county that the offices of inspector and judge are 
annual offices, and, therefore, that the election officers elected in 
the city of Philadelphia, at the general election on the second 
Tuesday of October, are to hold the presidential election in the 
same year, whilst in the county that election is to be held by the 
officers chosen on the third Friday of March. Anon. 16 October, 
1852, MS. Where an act of assembly, dividing an election dis¬ 
trict, appoin ed election officers for the ensuing October election ; 
held, that they were invested with all the powers of officers cho¬ 
sen by the people, and consequently were competent to conduct 
the presidential election in the same year.— Penn district election 
case , 1 Wh. Dig., 704, § 12. 


Cliap. X.] 


JUDICIAL DECISIONS. 


261 


Section 125. While no candidate can he an officer at an elec¬ 
tion, and the election as to him may be set aside on that account, 
yet it will not affect the election of other candidates for different 
offices, where there is no charge of fraud or other improper con¬ 
duct.—2 Par., 503. 

Note. —Of course this would not apply where an act of assem¬ 
bly authorized the officer of election to act as such. 

Section 126. The clerk when appointed is an annual officer, 
aud the inspector cannot remove him, except for some disqualify¬ 
ing cause.— Anon. Oom. Pleas, Phila., March, 1852, MS. 

Section 127. A person appointed to fill a vacancy in the office 
of inspector, in place of the one elected by the people, and who 
failed to appearand act at a general election, holds the office only 
pro lute vice , and is not entitled to act at a succeeding election at 
which the regularly elected inspector appears and claims his seat. 
Case of Penn district election , Com. Pleas, Phila., 11 May, 1850, 
MS. And see 4 Seld., 66, 88. The contrary doctrine, however, is 
held by the present court, who have ruled that a person so ap¬ 
pointed is entitled to act for the whole year.— Anon. Oom. Pleas, 
March, 1852, MS. 

Section 128. Where an election judge appointed a person in¬ 
spector in the place of the one who received the highest number 
of votes, he being absent, and the judge subsequently removed 
from the ward ; held , that the inspector, so appointed had power 
to make an appointment to fill the vacancy in the office of judge. 
Penn district election case , 1 Wh. Dig., 705, § 22. And see infra, 
Ik, §§ 22 and 25. 

Section 129. The inspectors, judges and clerks cannot be 
joined in the same indictment, where the offences are different 
and the duties distinct and separate.—2 Par., 480. 

Section 130. The vote of a jirecinct will not be cast out because 
there was irregularity in the choice of election officers to supply 
a vacancy on day of election.— Thompson vs. Ewing , 5 Phila. Eex>. 
102 . 

Section 131. When the judge has removed from the precinct, 
an election by the voters present at the poll is legal.— I hid. 

Section 132. A judge of election or board of election officers 
are not a judicial tribunal to ascertain the guilt of a public offen¬ 
der, and a trial before such officers is not “ due process of law.” 
Huber vs. Reily , 3 Smith, 112. 

Section 133. The mere fact that an elector is willing to swear, 
and does swear, that he considers a certain district his home is not 
sufficient to entitle him to vote, if the facts and circumstances sat¬ 
isfy the election officers that his permanent home is elsewhere. 
Alientoivn contested election case , Leg. Int ., 1871, p. 227. 

E. Wagers. 

Section 134. The act (24th March, 1817, § 1, ante., chap. IV, 
§ 97) was intended to avoid all bets paid or unpaid, and to sup- 


262 


JUDICIAL DECISIONS. 


[Chap. X. 

press anything connected with the subject; it cannot, therefore, 
be eluded by an appended agreement, which would give to an 
actual wager the similitude of something else.—7 W., 343. Xor 
can ingenuity invent any mode of evidencing such a contract, so 
that it can be enforced by law.—7 W., 294. And money depos¬ 
ited in the hands'of a stakeholder cannot be recovered back.—3 
W. & S., 405 ; 3 P. L. J., 388. But if paid to the winner, a credi¬ 
tor of the loser cannot recover it back by attachment.—6 W. & 
S., 485. Money lent in Xew Jersey, to be bet on the presidential 
election, may be recovered in Pennsylvania, in the absence of any 
proof that betting on elections is against the law of Xew Jersey. 
2 H., 18. See form for indictment, 8 W., 212. 

Section 135. Wagers upon the result of an election, whether 
laid before or after the election, are illegal and void .—Smyth vs. 
M’Masters , 2 Br., 182. 

Section 130. Money bet upon the event of an election, and de¬ 
posited with a stakeholder, may be recovered back, if demand be 
made before the money is paid over to the winner, though after 
the result of the election is known .—McAllister vs. Hoffman , 16 S. 
& R., 147. 

Section 137. All contracts and undertakings whatsoever, 
founded upon a wager or bet, on the event of a public election, 
are made void by the act of assembly.— Lloyd vs. Leisenring , 7 W., 
294. P. L. J., Vol. Ill, pp. 388 and 413. 

Section 138. Where an order was drawn by the defendant 
upon the plaintiff, for the delivery of certain goods to A., in the 
event of a majority of a certain candidate for governor, in a cer¬ 
tain county, and the event happened, and the goods were deliv¬ 
ered to A. by the plaintiff, it was held that he could not recover 
from the defendant the value of the goods so delivered.— Ibid. 

Section 139. Money contributed by individuals, and deposited 
in the hand of a stakeholder as a wager upon the result of an 
election, cannot be recovered back in a joint action by the con¬ 
tributors .—Mytinger vs. Springer , 3 W. & S., 405. 

Section 140. A wager as to who will be President of the United 
States, is a wager upon the result of an election in this common¬ 
wealth, within the act of assembly which forfeits such wager to 
the guardians of the poor .—Commomvealth vs. Davis , Dist. Ct ., 
Sliarsivood , C. J., 17 Leg. Int., 229. 

Section 141. On a deposit being made, to secure a bet on an 
election, the money co instante , vests in the guardians of the poor ; 
and their omission to sue for it within the time limited by the 
statute, does not give to either of the wagering parties the right 
to recover any portion of the sum deposited.—3 P. L. J ., 388. 

Section 142. In the act of July 2, 1839, forfeiting a bet on the 
election to the directors of the poor, the provision that an action 
for the recovery shall be brought within two years, is a condition 
and not a statute of limitations which must be pleaded against a 
suit by the directors— Forschtvs. Green , 3 Smith, 138. 


JUDICIAL DECISIONS. 


Chap. X.] 


263 


Section 143. Where the right of the directors is not exercise 1, 
the bet stands as to ownership where it did before the enactment 
of the section.— Id. P. L. J., Vol. Ill, p. 388. 

Section 144. The forfeiture is in the nature of a penalty, and 
the enactment therefore cannot be liberally construed.— Id. 

Section 145. If the directors do not claim the forfeiture within 
two years, the plaintiff may recover the bet from the stakeholder, 
on the ground that the money was paid on a contract which, be¬ 
ing prohibited by law, is void.— Id. 

F. When Action will lie or Prosecution be Sustained. 

Section 146. An action cannot be maintained against the in¬ 
spector of an election for refusing a vote, unless, malice be shown, 
which however need not be expressly proved, but may be inferred 
from circumstances.— Weokerly vs. Geyer , 11 S. & E., 35. 

Section 147. By malice is meant the refusal of a vote from im¬ 
proper motives, and contrary to the inspector’s .own opinion — 
Ibid. 

Section 148. To constitute the offence of intimidation, threats, 
or violence, &c., towards an officer of the election, under section 
seventeen, of the act of 1799, it would seem that there should be 
a preconceived design and intention to intimidate the officers, or 
interrupt the election. Sudden and unpremeditated warmth does 
not seem to be within the meaning of the law —.Respublica vs. 
Gibbs , 3 Y., 429. 

Section 149. It is not necessary that a person indicted under 
section eighteen, of the act of 1799, should have succeeded in his 
efforts to induce others to vote. The word influence means to use 
the party’s endeavors.— Respublica vs. Ray , 3 Y., 65. 

Section 150. When it becomes the duty of a peace officer to 
clear the polls, he ought first to give notice to the people to re¬ 
move themselves, before proceeding to violent measures; but hav¬ 
ing given this notice, he has the right to use asftnuch force as may 
be necessary to accomplish the object, and every citizen who is 
called on to assist him is bound to do so.— Com. vs. Hamilton , Lan 
caster , Q. S., 22 January, 1849, MS. 

Section 151. An action cannot be maintained against au in¬ 
spector for refusing a vote, unless on proof of malice—11 S. & 
B., 35 ; 2 Oranch 0. 0,44 ; 40 Eng. L. & Eq., 89. 

Section 152. A judge of election cannot be indicted for refus¬ 
ing a vote, if he act in good faith.— Commonwealth , ex. rel. , Simp¬ 
son , et al ., vs. Sheriff , Leg. Int ., 1868, p. 357 ; Commonwealth vs. Lee , 
1 Brewster’s Eeports, \). 273. 

Section 153. An election officer who honestly and conscienti¬ 
ously rejects a legal vote is not responsible in damages for the 
consequence of his mistake. The wrong is not inflicted by him, 
but by the law itself, which casts upon him the duty of judging 
and deciding in the case without providing for an appeal to a 
higher and better tribunal. It is absolutely necessary that malice 


264 


JUDICIAL DECISIONS. 


[Chap. X. 

should be proved, in order to sustain such a charge against an 
election officer.— Moran vs. Rennard, Brewster’s Beports, Yoh III. 
p (iOl. 

G. Naturalization. 

Section 154. It is not necessary that the record of naturaliza¬ 
tion should show all the legal prerequisites were complied with, 
the judgment being conclusive of such compliance.— Stark vs. 
Chesapeake Insurance Co ., 7 Cr., 420. Sprattvs, Spratt, 4 Pet. 40G. 
Ritchie vs. Putnam, 13 Wend., 524. McCarthy vs. March, 1 Seld., 
203, 278. And see Campbell vs. Gordon , 6 Cr., 170. 

Section 155. Naturalization cannot be proved by parol.— Slade 
vs. Minor , 2 Cr. C. C., 139. Price vs. Barber, 13 Leg. Ink , 140. 

Section 156. The residence anchgood moral character of the 
applicant cannot be established by affidavits ; but must be proved 
in court by the testimony of witnesses.— Anon, 7 Hill, 137. 

Section 157. The naturalization of a father, ipso facto, makes 
his son, then residing in the United States, and under twenty-one 
years of age, a citizen.— State vs. Penney, 5 Eng., 621. 

Section 158. The offspring of a citizen, bom subsequent to 14 
April, 1802, in a foreign government, to which their father re¬ 
moved, animo manendi, and who return with their father, after 
they become of age are aliens.— Albany vs. Derby, 30 Vt., 718. 
See Mudlam vs. Mudlam, 26 N. Y., 356. 

Section 159. Naturalization is a judicial act, and the state 
courts have jurisdiction.—6 Casey, 475. 

Section 160. An alien residing in Louisiana, when that territory 
was ceded by France to the United States by treaty of April 30, 
1803, and who subsequently removed to Pennsylvania, acquired 
the right to vote under said treaty.—Vol. II, P. L. J., p. 119. In. 
re., John Harrold. 

Section 161. Where a whole issue of naturalization certificates 
have been pronounced illegal by two judges of the supreme court, 
and a third judge has ascertained that forgeries of the seal have 
been committed, and that a counterfeit die is in existence, election 
officers cannot be indicted for rejecting a part of the same.— Com., 
tx. rel., Simpson, et al., vs. Sheriff, Leg. Ink, 1868, p. 357. 

Section 162. The court of nisi prius has common law jurisdic¬ 
tion, and its records, authenticated and attested by a seal and pro- 
thonotary, are of binding force. The judgment of naturalization 
pronounced in that court confers the rights of citizenship ; and a 
certificate presented at the polls is sufficient evidence of the fact.— 
Moran vs. Rennard, Brewster’s Beports, Yol. HI, p. 601. Com. vs. 
Lee, 1 Brewster’s Beports, p. 273. 

Section 163. If a party claim to be qualified to vote by reason 
of his parent’s naturalization, he must produce to the election offi¬ 
cers his father's certificate of naturalization; he is incompetent 
to prove it by his own oath. —Price vs. Barber, 13 Leg. Ink, 140. 


JUDICIAL DECISIONS. 


265 


Chap. X.] 

Section 164. A naturalized citizen, lawfully assessed, paying 
the tax, and in other respects qualified, is entititled to vote, 
though naturalized within ten days of the election.— Anon. 1 
Brewster, 158. 

II. Miscellaneous. 

Section 165. Residence is a question of intention, but to con¬ 
stitute a change of residence there must be an actual removal. 
M'Daniel's case , Q. S., C. C. P., 3 P. L. J., 310. 

Section 166. Election districts, within the meaning of the Penn¬ 
sylvania statutes, denote subdivisions of state territory marked 
out by known boundaries pre-arranged and declared by public 
- authority; though not defined by the constitution, they mean in 
it the same as in the statute, and are recognized as among the 
civil institutions of the state, which can neither be created nor 
controlled by the military power.— Chase vs. Miller , 5 Wright, 403. 

Section 167. “ Residence,” in the constitution, is the same as 
domicil, the place where a man establishes his abode, makes the seat 
of his property, and exercises his civil and political rights.— Id. 

Section 168. The party must not only have actually resided in 
the state one year before tendering his vote, but such residence 
must have been with the intent to become a citizen of this state, 
and to abandon the citizenship the party may have previously had 
in another state.— Anon., Com. Pleas, Pliila., 3 November, 1848, 
MS. See 2 P. A. D., 450; 1 Ash, 126; 1 Wall, Jr., 217; 2 J., 365. 
3 P. L. J., 310. 

Section 169. The resolution of 22 April, 1844, authorizing a 
qualified elector to vote in the election district from which he has 
removed, within ten days of the election, is unconstitutional.— 
Ewing's case, Q. S. Phila., Brightly’s Dig., 1299. 

Section 170. The act of 1839 is not unconstitutional because 
it does not provide for a trial by jury, in a case of contested elec¬ 
tion.—19 Leg. Int., 388; Brig. Dig., 1299. 

Section 171. One assessor cannot act in the assessment of a 
soldier in the absence of his assistant; but such assessment may 
be made at any time, and need not be at the days fixed for mak 
ing extra assessments.—C. P. Phila., MS.; Bright Dig., 1334. 

Section 172. To entitle a soldier to vote he must have paid a tax 
which was assessed at least ten days preceding the election.— Id. 

Section 173. Under the act of 27th April, 1852, which pre¬ 
scribes that a vacancy in a judgeship ^hall be settled by an elec¬ 
tion, at the next general election which shall happen more than 
three calendar months after the vacancy occurs, an appointment 
by the governor to fill such vacancy, can continue only to the first 
Monday of December succeeding such first general election.— 
Commonwealth vs. Maxwell, 3 0., 444. 

Section 174. When a vacancy occurs again, by the expiration 
of such appointment, the office may again be filled by appointment 


266 judicial decisions. [Cliap.X. 

by the governor, to continue till the first Monday of December 
succeeding such first general election.— Ibid. 

Section 175. Where a judge died on the 15th day of July, and 
the next general election thereafter occurred on the 14th day of 
October, more than three months had not intervened, whether the 
day of the month be included or excluded in the computation. 
Conforming to the rule of excluding one of the days, less than 
three months had elapsed.— Ibid. 

Section 176. The commonwealth is bound by statutes made to 
prevent tortuous usurpations, and to regulate and preserve the 
right of electors.— Commonwealth , ex. rel ., Attorney General vs. Gar - 
r iff lies, 4 0., 9. 

Section 177. Where a statute prescribes a mode for determin¬ 
ing the legality of a municipal election, and the returns made 
thereof, the statutory remedy must be followed to the exclusion 
of the common law mode of redress.— Ibid. 

Section 178. The registry law of 17th April, 1869, is constitu¬ 
tional.— Patterson vs. Barlow, 10 Smith, 54. 

Section 179. Quaere , Whether private complainants have any 
standing to represent the public, or the court jurisdiction to enjoin 
one of the political systems of the state in its entire scope, be¬ 
cause some of its provisions are invalid.— Ibid. 

Section 180. Xo constitutional qualification of a voter can be 
abridged, added to or altered by legislation.— Page, et+al., vs. Allen, 
8 P. F. Smith, 338. 

Section 181. Students residing at a college in Allentown, i( for 
no other purpose than to receive a collegiate education,” are not 
legal voters at that place. It is not their residence under the con¬ 
stitution.—Fry’s appeal, Leg. Int ., 1872, p. 237. 

Section 182. When it becomes the duty of a peace officer to 
clear the polls,, he ought first to give notice to the people to re¬ 
move themselves, before proceeding to violent measures; but 
having given this notice, he has the right to use as much force as 
may be necessary to accomplish the object, and every citizen who 
is called on to assist him is bound to do so.— Com. vs. Hamilton, 
Lancaster Q. S., 22 January, 1849, MS. 


4 


INDEX. 


ACTS OF CONGRESS, 12. 

ADAMS, COUNTY OF— 

Special laws fbr district attorney, 130, note (a.) 

ADDITIONAL ASSESSMENTS— 

When and how made, 87, § 13. 

ADJUTANT GENERAL— 

To procure certified lists of deserters, Ac., 192, § 5. 

ALDERMEN—See Justices of the Peace and Aldermen. 

ALIEN—See Naturalization of Aliens. 

ALLEGHENY, CITY OF— 

Municipal government, in whom to be vested, 22G, § 1. 
Representation in select council, 226, § 2. 

in common council, 226, § 3. 
of wards, how apportioned, 226, § 4. 

Present select councilmen to serve out terms, 226, § 5. 

Terms of select councilmen regulated, 226, § 6. 

Cases of tie votes in election for councilmen, 227, § 7. 
Qualifications of councilmen, 227, § 8. 

Elections for municipal and ward officers, when held, 227, § 9. 

by whom to be held, 227, § 10. 

Manner of voting, 227, § 10. 

How tickets to be classified and labelled, 227, § 10. 

Returns of elections, 228, § 10. 

Councils to meet and examine returns, 228, § 10. 

May set aside elections in certain cases, 228, § 10. 

May vacate seats of members for misbehavior, Ac., 22S, § 10. 
Mayor to give notice of elections, 228, § 10. 

When councilmen elect, to meet and organize, 228, § 11. 

Each council to establish rules, Ac., 228, § 11. 

Qualifications of voters, 228, § 12. 

Duty of treasurer, 229, § 12. 

Councilmen to be sworn, 229, § 13. 

Officers to be chosen by councils, of whom to consist, 229, § 14. 

time of, 229, § 15. 

Salaries, Ac.., 229, § 15. 

Terms of officers to fill vacancies, 229, § 15. 

Mayor to be sworn, 229, § 16. 

Vacancy in office of mayor, 229, § 17. 

Meetings of councils to be public, 229, § 18. 



INDEX 


268 

ALLEGHENY, CITY OF— Continued. 

Aldermen, number of, 230, § 19. 

Constables, election of, 230, § 20. 

Officers to give security, 230, § 21. 

, Councils may change boundaries of wards, &c., 230, § 22. 

May fix places for holding elections, &c., 230, § 22. 

Inspectors, judges and assessors, election of, 230, § 23. 

Mayor, term of, (fee., 230, § 24. 

Removals from office, 231, § 25. 

Incompatible offices, 231, § 26. 

ALLEGHENY, COUNTY OF— 

Sundry laws for Philadelphia extended to, 218, § 1 and note (a.) 

Provisions of certain act extended to Moon and Finley townships, 223, § 27. 

AMENDMENT, FIFTEENTH—Act to enforce, 27. 

Race, color, <fcc., not to affect the right to vote, 27, § 1. 

Nor the performance of any prerequisite, 27, '§ 2. 

Penalty for refusing to give full effect to act, 27, § 2. 

The offer to perform any act in certain cases, to entitle to vote, 27, § 3. 

Penalty for wrongful refusal to receive vote, 27, § 3. 

For hindering any citizen from qualifying or voting, 27,'§ 4. 

For intimidating or bribery of certain persons, 29, § 5. 

For conspiring to prevent enjoyment of certain privileges, 29, § 6. 

For committing any crime while violating act, 29, § 7. 

U. S. court to have jurisdiction of offences under act, 29, § 8. 

Certain prosecutions to be by indictment, <fcc., SO, § 8. 

Special provisions for prosecuting persons violating act, 30, § 9. 

Number commissioners of circuit court, <fcc., to be increased, 30, § 9. 

Their powers and duties, 30, § 9. 

Marshals and deputies to execute all warrants, 30, § 10. 

Penalty for refusing to receive warrant or failing to execute, 30, § 10. 
Commissioners may appoint suitable persons to execute process, 31, § 10. 
Authority to call upon bystanders or U. S. forces, 31, § 10. 

Warrants to be executed anywhere in state, 31, § 10. 

Penalty for obstructing execution of process, 31, § 11. 

For rescuing or attempting to rescue any person arrested, 31, § 11. 

For knowingly harboring any person for whom warrant has issued, 31, § 11. 
Fees of commissioners, district attorneys, &c., 32, § 12. 

Recoverable from defendant in case of conviction, 32, § 12. 

Land or naval forces of U. S. may be employed, 32, § 13. 

Persons holding office, except certain, contrary to provisions of fourteenth 
amendment to be proceeded against by quo warranto , 32, § 14. 

Such cases to have precedence, 32, § 14. , 

Penalty for accepting office contrary to, 32, § 15. 

All persons to have same rights in every state as white citizens, 33, § 16. 

No special tax upon particular persons immigrating, &c., 33, § 16. 

Penalty for violating provisions, 33, § 17. 

Civil rights bill re-enacted, 33, § 18. 

Penalty for unlawful voting at election of representative or delegate in Con¬ 
gress, 34, § 19. 

For preventing any person from voting or inducing him not to, 34, § 19. 

For inducing any officer to receive illegal votes, 34, § 19. 

For inducing any officer to violate his duty, 34, § 19. 


INDEX. 


2G9 


AMENDMENT, FIFTEENTH— Continued. 

For receiving illegal or refusing lawful votes, 34, §§ 19, 20 ; 37, § 1. 

For advising any one to do any act made a crime, 34, §§ 19, 20 ; 38, § 1. 

For unlawful acts in registration of voters, 34, § 20 ; 37, § 1. 

What to be deemed a registration, 34, § 20 ; 38, § 1. 

Voting or offering to vote unlawfully to be sufficient prima facie evidence to 
indict or convict person with violating, <fcc., 35, § 21. 

Penalty upon any officer for neglecting or refusing to do his dutv, 36, § 22; 

38, § X 

Persons deprived of an office by exclusion of votes may bring suit, 36, § 23. 
When such suits may be brought in U. S. court, 37, § 23. 

Circuit court to appoint two supervisors of election in certain cases, 38, § 2. 
Proceedings for such appointment, 38, § 2. 

Qualifications of supervisors, 39, § 2. 

Court to be kept open, 39, § 2. 

Power of judge in vacation or at chambers, 39, § 2. 

Judge of district court to bo assigned to this duty in certaiu cases, 39, § 3. 
Judge to have all powers of circuit judge, 39, § 3. . 

Duties of supervisors of election, 39, § 4. 

Registration, challenges, lists, 40, § 4. 

Inspection, &c., of registry, signature to lists, 40, § 4. 

Supervisors to attend elections of congressmen, 40, § 4. 

Duties of supervisors, 40, § 5 ; 41, § 6. 

To report to chief supervisor if molested, 41, § .7. 

Duty of chief supervisor in such case, 42, § 7. 

In certain cities at elections of congressmen special deputy marshals to be an 
pointed, 42, § 8. 

Duties of marshals and deputies, 42, § 8. 

Supervisors to have power of deputy marshals, 43, § 8. 

Persons arrested to be taken before a judge, 43, § 9. 

Penalty for interfering with supervisors or marshals, 43, § 10. 

For neglecting to aid when required, 44, § 10. 

For refusing to answer or answering falsely, 44, § 10. 

Penalty upon supervisors and marshals for neglecting duties, 44, § 11. 
Marshals and deputies may call upon bystanders in certain cases, 45, § 12. 
Circuit courts to appoint chief supervisor of election, 45, § 13. 

Term of office, duties, 45, § 13. 

Marshals, &c., to forward complaints, &c., to chief supervisor, 46, § 13. 

Pay of supervisors and special deputy supervisors, 46, § 14. 

Jurisdiction of circuit court extended, 46, § 15. 

Suits for damages in circuit courts, 47, § 15. 

Suits in State courts to be removed to circuit courts on petition, 47, § 16. 

Mode of procedure, 47, § 16. 

Clerk of court to issue writ to State courts, 47, § 16. 

Proceedings in State court to cease, 47, § 16. 

Penalty for proceeding further in State courts, 48, § 16. 

Marshal to take defendant if in custody, 48, § 16. 

If record of State court cannot be had, court may order plaintiff to begin anew, 

. 48, § 16. 

If clerk refuses copy, it may be supplied by affidavit, 49, § 17. 

Subsequent proceeding in such cases, 49, § 17. 

Repeal of act of 1870, pending prosecutions not affected, 49, § 18. 

Votes for congressmen to be written or printed, 49, § 19. 


/ 


270 


INDEX. 


ARMSTRONG, COUNTY OF— 

Time of holding township elections, 219, § 6. 

Certain act extended to, 219, § 5. 

ARREST— 

When voters privileged from, 54, § 3. 

ASSESSORS— 

To make out alphabetical lists of taxables, 86, § 12. 

To post up the same in respective districts, 87, § 12. 

at place of holding elections, 87, § 12. 

To retain copies of lists, 87, § 12. 

To make additional assessments, 87, § 13. 

And deliver same to inspectors, 87, § 13. 

To assess tax on persons assessed, 8S, § 14. 

To give certificates of same, and make returns to commissioners, 88, § 14. 
Compensation of, 88, §§ 15, 16; 118, § 113. 

Duty of, to attend elections, 88, § 16. 

Penalty on, for neglecting to return and assess voters, 109, § 85. 

Duties of, in relation to presidential electors, 117, § 112. 

Duties of, under Registry Law, 58, § 1; 59, § 2 ; 63, § 7 ; 69, §§ 27, 28; 72, §§ 28, 29. 
When to give notice of township election, 150, § 266. 

Duties of, at elections by soldiers, 189, § 40. 

AUDITOR GENERAL— 

When and how elected, 126, § 150. 

To be commissioned by Governor, 127, § 151. 

How vacances filled, 127, §§ 152, 153, 154, 155. 

BALLOT BOXES— 

To be furnished by county commissioners, 93, § 29. 

To be deposited with nearest justice after election, 100, § 51. 

Separate boxes, &c., to be kept for each district, 152, § 277. 

parts of districts, 153, § 277. 

BETTING ON ELECTIONS—See Wagers. 

BRADFORD, COUNTY OF— 

Time of holding township elections, 218, § 3. 

When polls to be closed, 225, § 44. • 

Constables not required to make returns to court, 219, § 7. 
attendace at elections how paid, 219, § 8. 

CARBONDALE, CITY OF— 

Election of clerk of mayor ? s court, relative to, 231, § 27. 

CITIZENS OF THE UNITED STATES AND OF THE STATES, RIGHTS OF— 
Rights thereof not to be abridged, or equal protection denied, 1.1, § 1. 

on account of race, color, &c., 11, § 1. 

CITIZENSHIP, RIGHTS OF— 

Forfeited by desertion, 15, § 21. 

CIVIL RIGHTS BILL— 

Re-enacted, 33, § 18. 

CLEARFIELD, COUNTY OF— 

Time of holding township and borough elections, 219, § 9. 

CLERKS— 

And other emnloyees of state and United States may vote in their several dis¬ 
tricts, 66, § 19. 


INDEX. 


271 


CLERKS OF COURTS—See Rrothonotaries, Clerks , Registers and Recorders. 
CLERKS OF ELECTIONS— 

To be appointed by inspectors, 90, § 19. 

Must be qualified voters, 90, § 19. 

Who incapable of acting, 25, § 17 ; 82, § 295. 

To be sworn before entering on duties, 91, § 22. 

Form of oath, 92, § 27. 

To repeat names called out by inspector, 95, § 37. 
v Words “tax” and “age” to be noted on lists by clerks, 98, § 41. 

Duties of, in counting ballots, 100, § 49. 

To return judges, how appointed and paid, 102, § 55. 

Who appointed as, at elections in military service, 178, § 4. 

CLINTON, COUNTY OF— 

Time of holding township and borough elections, 219, § 10. 
COMMISSIONERS— 

To superintend elections by soldiers, 184, 185, §§ 24, 25. 

Compensation of same, 185, § 26. 

CONGRESSIONAL APPORTIONMENT— 

Number of representatives, how to be apportioned, 49, § 1. 

How to be elected, 50, § 2. 

When to be elected, 50, § 3. 

Failure to elect, vacancies, 51, § 4. 

No State to be admitted into Union without certain population, 51, § 5. 
Number of representatives to be reduced in certain cases, 51, § 6. 

Certain States to have additional congressmen, 51, § 1. 

CONSTABLES— 

To attend the polls for preservation of the peace, 99, § 45. 

To clear windows or avenues to polls, 99, § 45. 

Penalty for neglect or refusal, 99, § 45. 

To be indicted for failure to report disturbances, 99, § 47 

To be examined on oath as to disturbances at elections, 100, § 48^ 

To give notice of township elections, 150, § 236. 

How voted for, 150, § 268. 

To notify persons elected, 151, § 270. 

To return names of persons selling liquor on election day, 163, § 314. 
Compensation for advertising elections, 151, §§ 273, 274. 

delivering notice to persons elected, 152, 5 273. 
attending elections, 152, § 274. 

CONSTITUTION—Of United States, extracts from, 9. 

Pennsylvania, extracts from, 53. 

CONTESTED ELECTIONS.—See the several offices. 

Prothonotaries, clerks of courts, &c., how conducted, 141, § ^3/. 

Of the petition for, in Governor, 164, § 1. 

Mode of selecting committees for, 166, § 5; 166, §§ 6, 7, 8 ; 168, §§ 9, 12. 

When time for presenting petition contesting election ol Senator, Ac., to com¬ 
mence to run, 165, § 2. 

Powers and duties of committee, 166, § 3. 

How vacancies to be filled, 166, § 4. 

Sitting member not to vote, 166, § 4. 


I 


272 INDEX. 

CONTESTED ELECTIONS— Continued. 

Senate to appoint person to act for contestant in certain cases, 166, § 4. 

Oath of committee, 168, § 12. 

Time and place of meeting of, 169, § 13. - 

Further proceedings of, 169, §§ 14, 15, 16. 

Powers of the committee, 169, § 17; 170, § 19. 

Illegal voters compelled to disclose for whom they voted, 169, § 18. 

Reports of committees. 170, §§ 19, 20, 21. 

Selection of committee, in case of Senator, 170, § 22. 

member of House of Representatives, 171,§ 23. 

Reports of committees, 171, § 24. 

Courts of common pleas may take testimony in case of, 172, § 25. 

Payment of costs in such cases, 172, § 26. 

Duty of prothonotary therein, 173, § 27. 

Who considered parties, 173, §§ 28, 29. 

Expenses of, and by whom paid, 173, § 30. 

In cases of judges of the Supreme Court, and others learned in the law, 174, 
§ 31. 

associate judges, 174, § 32. 

Petition for contesting same, 174, § 33. 

In case of election by soldiers, 183, § 22. 

Judicial decisions upon, 253, § 41; 260, § 120. 

CORONER— 

When and how elected, 56, § 1. 

Term of office, 56, § 1. 

To give notice of elections, 89, § 18. 

Contents of notice, 88, § 17. 

COUNTY AUDITORS— 

When and how elected, and term of office, 149, § 264. 

Copy of return to be filed with county commissioners, 94, § 30; 103, § 5S. 

Who ineligible as, 149, § 265. 

COUNTY COMMISSIONERS— 

To deliver list of taxables to assessors, 86, § 11. 

To arrange names of freeholders, &c., thereon, 86, § 11. 

To furnish election board with ballot boxes, blank forms, &c., 93, § 29. 

Also, duplicate copies of assessors’ lists, 93, § 29. 

To supply return judges with blank forms for returns, &c., 93, § 29. 

Penalty on, for adding or omitting names of persons assessed, 107, §§ 74, 75 ; 
J09, § 84. 

Penalty on, for neglect to supply ballot boxes, &c., 109, § 86. 

Duties under Registry Law, 59, § 2; 66, § 17'; 73, § 30; 79, §§ 41, 42. 

To certify appointment of county treasurer, 143, § 243. 

When and how elected and term of office, 149, § 262. 

Copy of returns to be filed with county commissioners, 94, § 30; 103, § 58. 
Vacancies, how filled, 149, § 263. 

COUNTY SURVEYOR— 

When and by whom elected, 130, § 165. 

How returns to be made and elections contested, 130, § 166. 

Oath of office, 130, § 167. 

How removed, and vacancy tilled, 130, §§ 168, 169. 


INDEX. 273 

COUNTY AND TOWNSHIP OFFICERS—See the sevei'al offices, and Township offices. 
How elections of, contested, 174, § 34; 175, § 35. 

Powers of courts in the premises, 175., § 36. 

Payment of costs therein, 175, § 37 ; 176, § 3S. 

COUNTY TREASURER— 

Penalty on, for unlawful receipt of taxes, 107, § 75. 

When and by whom elected, 142, § 240. 

How elections held and returns made, 142, § 241. 

Who ineligible as, 143, § 244 ; 142, § 242. 

Official bonds of, 143, § 243. 

Vacancies, how filled, 143, § 244. 

COURTS OF QUARTER SESSIONS— 

To cause indictments against disturbers of elections, 99, § 46. 

constables for failure to return the same, 99, § 47. 

To cause constables to be examined on oath, 100, § 48. 

Powers of, to change places of election, 115, § 104; 117, § 110. 

Duty of clerk of, to notify county commissioners of election of assessors and 
assistant assessors, 151, § 271. 

Fees for same, 151, § 271. 

CRAWFORD, COUNTY OF— 

Act relating to primary elections in, 249. 

DAUPHIN, COUNTY OF— 

Certain act extended to portions of, Ac., 223, §§ 2S, 29, 

DESERTERS— 

Disfranchised by act of Congress, 15, § 21. 

Proclamation relative thereto, 15, § 21. 

Disfranchised by act of assembly, 190, 191, §§ 1, 2, 3, Ac. 

Evidence of desertion, 192, § 6 ; 193, §§ 7, 9. 

DIRECTORS OF THE POOR— 

To sue for money or other valuables bet on elections, 113, § 102. 

Penalty on, for neglecting to bring suit for wagers, 114, § 102. 

DISFRANCHISEMENT OF DESERTERS— 

By act of Congress, 15, § 21. 

Legislature, 190, 191, §§ 1, 2, 3, Ac. 

DISTRICT ATTORNEYS— 

When and how elected, 128, §§ 156-158. 

Qualifications and duties, 128, § 156. 

Fees and authority to enter nolle prosequi, 128, § 156, 

Eligibility of, 128, § 157; 130 ; § 164. 

How elections for, contested, and vacancy supplied, 129, § 159; 129, § 161. 
Proceedings in case of official misconduct, 129, § 160. 

In cases of sickness or absence of, 129, §§ 162, 163. 

ELECTIONS—See the several offices. 

Shall be free and equal, 57, § 5. 

Notice of, to be given by sheriff, 88, § 17. 

In his absence, Ac., by coroner, 88, § 18. 

Disturbers of, to be indicted in quarter sessions, 99, § 46. 

Places of, may be changed by courts, 114-117, §§ 103-110. 

Soldiers not be present at 159, § 29S. 

18 


274 


INDEX. 


E LECTIONS— Continued. 

Places of, may be changed by governor in case of malignant diseases, 159, § 297. 

When city, ward, borough and township and election officers to be held, 162, 
§ 309. 

"Where said elections to be held, 162, § 311. 

By citizens, in military service, 177, §§ 1, 2, 3, <fcc. 

Judicial decisions upon, 248-266. 

on, when an election will be set aside, 250-253, §§ 18-40. 

ELECTION DISTRICTS— 

Name of, to be posted up at polls, 94, § 32. 

How changed by the courts, 114-117, §§ 103-110. 

Places for holding elections in, how chauged, 114-117, §§ 103-110. 

How returns made in such cases, 116, § 107. 

ELECTION OFFICERS—See Judges , Inspectors and Clerks. 

Judicial decisions upon, 260, §§ 124-133. 

when action will lie, or prosecution be sustained against, 
263, §§ 146-153. 

Penalty on, for neglect of duty, 203, § 31. 
wilful fraud, 213, § 66. 

ELECTORS OF PRESIDENT AND VICE PRESIDENT— 

Where to meet, how to vote and make returns, 10, §§ 1,2. 

When to be chosen, and how vacancies filled, 14, § 1. 

How return judges to make returns therefor, 103, § 57. 

ELECTORS— 

Qualifications of, 53, § 1; 96, § 39. 

To vote by ballot, 54, § 2. 

Privileged from arrest, 54, § 3. 

In military service, authorized to vote, 54, § 4; 177, §§ 1, 2, 3, &c. 

Evidence of right to vote, 96, § 40 ; 97, §§ 41, 42. 

Can only vote in districts where they reside, 98, § 43. 

Removing out of district within ten days ©f election, may return and vote, 
98; § 44. 

Votes of, rejected, when interested in wagers, 113, § 101. 

ERIE, COUNTY OF— 

Certain act extended to, 221, § 16. 

FIFTEENTH AMENDMENT—Act to enforce—See Amendment. 

FINES AND FORFEITURES—See Penalties. 

How recoverable, 111, § 95. 

Suits and prosecutions for, limited to one year, ill, § 95. 

FOREST, COUNTY" OF— 

Time of holding township elections, 221, § 17. 

FORMS— 

Oath of person claiming to be assessed, 71, § 28. 

Certificate of assessment, 72, § 28. 

Receipt for tax, 73, § 29. 

Oath of inspectors of election, 92, § 25. 

Oath of judge of election, 92, § 26. 

Oath of clerks, 92, § 27. 

Poll-book to be kept by judges, <fcc., of elections in military service, 180; § 15. 
Oath of judges and clerks, 180, § 15. 


INDEX 


275 


FORMS— Continued. 

\ 

Returns of election in military service, 181 § 16. 

Oath of commissioner, 184, § 24. 

Statement, &c., by soldier sending ballots to another to cast for him, 187, note (a.) 
Oath of return inspectors, Philadelphia, 201, § 21. 

clerks, Philadelphia, 201, § 21. 

Certificate of declaration by an alien, 244. 

naturalization of alien, 246. 

Affidavit to prove residence of person not registered, 245, 246, 217. 
GOVERNOR— 

To sign certificate of election of United States Senator, 18, § 3. 

When and how elected, 53, § 2. 

Term of office and eligibility, 53, § 3. 

Returns for election of, when considered void, 106, § 70. 

To declare by proclamation, who elected to Congress, 122, § 129 ; 157, § 290. 

To transmit returns to United States House of Representatives, 122, § 129. 

To issue proclamation of election of judges of supreme court, 124, § 138. 

To commission judges, 124, § 139. 

To commission auditor general and surveyor general, 127, § 151. 

To issue writ to sheriff for congressional election, 157, §§ 287-289. 

How vacancy in office of, filled, 157, § 291. 

To change places of election on account of malignant diseases, 159, § 297. 

To appoint commissioners at elections by soldiers, 184, § 24. 

INCOMPATIBLE OFFICES, 160, § 299; 161, § 308; 89, § 17. 

Penalties for holding, 160, §§ 301-303. 

I * # 

INELIGIBILITY—See the several offices. See Incompatible offices. 

United States officers, ineligible to certain offices, 160, §§ 209-304. 

INSPECTORS- See Judges and Inspectors. 

Each to appoint a clerk, 90, § 19. 

Position of, at polls, 94, § 32. 

To receive the tickets, 94, § 32. 

To receive no ticket, except from resident of district, 94, § 34. 

When he receives a vote, to call out the name of the voter, 95, § 37. 

To make notes on alphabetical lists, 95, § 37. 

To deliver ballot-boxes to nearest justice at close of polls, 100, § 1. 

JEFFERSON, COUNTY OF— 

Time of holding borough and township elections, 221, § 18. 

JUDGES OF THE SUPREME COURT, AND OTHER COURTS— 

When and how elected, 54, § 2; 122, § 130; 122, § 131 ; 122, §§ 133-138. 

Terms of office, 54, § 2. 

How vacancies filled, 55, § 2; 124, § 140. 

Compensation of, 56; § 2. 

Residence required, .56, § 2. 

Judges of the supreme court, and president judges to be learned in the law, 
122 § 132. 

Secretary of the commonwealth to open returns in presence of governor, 124, 
§ 138. 

IIow elections of contested, 174, §§ 31-33. 


INDEX. 


‘J7(» 

JUDGES AND INSPECTORS-See Election officers. 

Election of, 83, §§ 1, 2; 84, §§ 3-7. 

Constables to give notice of, 83, § 1. 

When supervisors or assessors to give notice of, 84, § 2. 

When and where elections for, to be held, 84, § 3. 

Votes for, how to be given, 84, § 4. 

When polls for, to be opened and closed, 84, § 5. 

How elected, on division of districts, 84, § 6. 

On tie vote forjudge, inspector to appoint, 85, § 7. 

When and how to make out returns, 85 § 8. 

How to dispose of tickets, tally papers, &c., 85, § 8. 

To deliver duplicate returns and certificates of election, 85, § 8. ] 

To conduct all general, special and other elections, 85, § 9. 

Compensation of, 86, § 10. 

No pay allowed for refreshments, 86, § 10. 

When and where to meet on morning of election, 90, § 19. 

How vacancies filled, 90, § 20. 

Oaths of, and by whom administered, 91, § 22. 

Authority of, to administer oaths, &c., 91, § 23. 

Forms of oaths, 92, §§ 25, 26. 

Duplicates thereof, to be certified, 93, § 28. 

To decide on qualifications where inspectors disagree, 94, § S3. 

How and when to count the ballots, 100 § 49. 

Judges to publicly declare the number of votes given for each candidate, 101 § 52. 
Make out returns and certificates, 101, § 52,; 151 § 270. 

Return judge to produce same at meeting, 101 § 53. 

Penalty on, under fifteenth amendment.—See Amendment. Fifteenth , act to en¬ 
force. 

for violation of naturalization laws.— See Naturalization of Aliens. 

for neglect or refusal to attend elections or perform duties, 107, §§ 
76, 77. 

for acting without being qualified, or for wilful fraud, 108, §.§ 78,79. 
for rejecting votes of qualified electors, 108 § 80. 
for receiving votes of persons not qualified, 108 § 81. 
for prying intD tickets, 10S § 82. 

for unlawfully defacing or destroying tickets, 109, § S3. 

Duties of, in elections of prothonotary, clerks of courts, &c., 140, § 235. 

In elections in the military service, three judges to be chosen, 178, § 4. 

JUDGES OF ELECTION.—See Judges and Inspectors. 

JUDICIAL DECISIONS, 248-266. 

On the question, what persons may vote, 248, 250, §§ 1-17. 

when an election will be set aside, 250, 253, §§ 1S-40. 

On contested elections—I. Of the petition, 253, 256, §§ 41-75. 

II. Of the proceedings therein, 256, 260, §§ 76-123. 

On election officers, 260, §§ 124-133. 

On wagers upon elections, 261, §§ 134-145. 

On naturalization, 264, §§ 154-164. 

When actions or prosecutions will lie, 263, §§ 146-153. 

Miscellaneous questions, 265, §§ 165-182. 

JUSTICES OF THE PEACE AND ALDERMEN— 

- When and how elected, 56, § 7; 143, § 245^ 

Term of office, 56, § 7. 


INDEX 


277 


JUSTICES OF THE PEACE AND ALDERMEN— Continued. 

Only two allowed in any township, ward or borough, except on consent of elec¬ 
tors, 57, § 7; 147, § 255. 

Duties of, to clear windows or avenues to polls, 99, § 45. 

Penalty for neglect or refusal, 99 § 45. 

on, for failure to receive and safely keep ballot boxes, 111, § 94. 

How elected, when borough forms part of a township, 144, § 246. 

How elected in cases of new townships or districts, 144, §§ 247-250. 

Returns of elections, how made, 145, § 250; 147, § 255. 

Elections of, how contested, 145, §§ 251-253. 

Prothonotary to give notice of contest to governor, 145, § 251. 

When elections a tie, or void, how remedied, 146, § 254. 

When commissions to issue to, 148, § 256. 

Oath of office, 148, § 256. 

Persons elected, to give notice to prothonotary of acceptance, 148, § 257. 
Vacancies in, how supplied, 148, §§ 25S-260. 

How removed from office, 148, § 259. 

Division of districts not to vacate commissions, 148, § 260. 

Must reside, and keep office in district, 148, §§ 259-261. 

LANCASTER, CITY OF— 

Portion of certain acts repealed, 231, § 29. 

Time of election of officers, 232, § 29. 

Terms of certain offices, when to expire, 232, § 30. 

Election and terms of office of mayor and select councilmen, 232, § 31. 
Eligibility to office, relative to, 233, § 32. 

Election of school directors, 233, § 33. 

Tickets, relative to, 233, § 34. 

Vacancies in councils, relative to, 234, § 35. 

Election and term of office of treasurer, 234, § 36. 

LANCASTER, COUNTY OF— 

County commissioners not required to furnish list of voters at township elec¬ 
tions, 221, § 19. 

Officers at primary elections to be sworn, 221, § 20. 

may administer oaths, 222, § 21. 

President of return judges to be sworn, &c., 222, § 22. 

LEBANON, COUNTY OF— 

Provisions of certain act extended to, 223, §§ 27, 28, 29. 

Time for holding elections in Lebanon borough changed, 222, § 23. 
Qualification of voters, 222, § 24. 

Tax to be levied on persons removing into borough after first of April, 222, § 25. 
List to be returned to receiver of taxes, 223, § 25. 

List of delinquents to be handed to chief burgess, 223, § 25. 

• 

LEGISLATURE.—See Senate and House of Representatives. 

LEHIGH, COUNTY OF— 

Certain act extended so as to embrace all contested elections of borough and 
ward officers and judge and inspectors of elections, 223, § 30. 

LIMITATIONS— 

To suits and prosecutions for penalties, 111, § 95. 

wagers, 112, §§98-102. 


278 


INDEX. 


LIQUORS— 

Sale cf, on election days, prohibited, 163, § 312. 

Penalty for violating act, 163, § 313. 

Constables to return names of offenders, 163, § 314. 

LISTS OF VOTERS— 

To be furnished assessors by commissioners, 86, § 11. 

To be made out by assessors, 86, § 12. 

To be put up in districts, 87, § 12. 

LUZERNE, COUNTY OF— 

Mode of voting in, regulated, 225, § 45. 

Sheriff’s proclamations in, 225, § 46. 

LYCOMING, COUNTY OF— 

Time of holding township elections, 218, § 3. 

MALIGNANT DISEASES— 

How place of election changed, in case of, 159, § 297. 

MAYOR— 

Duty of, to clear windows or avenues to polls, 99, § 45. 

Penalty for neglect or refusal, 99, § 45. 

M’KEAN, COUNTY OF— 

Time of holding township elections in, 218, § 3. 

MESSENGER, SPECIAL— 

To be sent after Presidential returns, 13, § 4. 

Compensation of, 14, § 1. 

MONROE, COUNTY OF— 

Act relating to mode of voting repealed as to, 224, § 31. 

MONTGOMERY, COUNTY OF— 

When polls to close in, 225, § 43. 

NATURALIZATION— 

Evidence of, by voter, 96, § 40. 

Judicial decisions upon, 264, §§ 154-164. 

NATURALIZATION OF ALIENS— 

Conditions of, 18, § 1. 

Declaration of intentions—oath, 18, § 1. 

Proof—renunciation of foreign title, 19, § 1. 

Alien enemies excepted, 19, § 1. 

Alien residents prior to 1795, how naturalized, 19, § 1. 

between 1795 and 1798, 20, § 1. 

What courts may naturalize, 20, § 2. 

Minor children of naturalized persons to be citizens, 20, § 3. 

Exceptions, 20, § 3. 

Previous declaration dispensed with in certain cases, 21, § 5. 

Widow and children of persons who have made their declaration, how natu 
alized, 21, § 6. 

Residence to have been uninterrupted for five years, 21, § 7. 

Punishment for forging certificates of citizenship, 21, § 8. 

Proof required where previous declaration is dispensed with, 22, § 9. 

How persons arriving in their minority may be naturalized, 22, § 10. 
Declaration may be made before clerk of the court, 23, § 11. 

Four years previous declaration to be sufficient, 23, § 12. 


INDEX. 


270 


NATURALIZATION OF ALIENS— Continued. 

When previous declaration to be dispensed with, 23, § 13. 

What to be proved in such cases, 23, § 13. 

Aliens honorably discharged from military service, how naturalized, 21, § 14. 
False oath to be deemed perjury, 24, § 1. 

Certain acts in connection with naturalization to be a felony, 24, § 2. 
Knowingly aiding in such acts, how punished, 26, § 2. 

Penalty for using fraudulent certificates of naturalization, 26, § 3. 
Fraudulently representing one’s self to be a citizen, 26, § 3. 

Act to apply to all proceedings for naturalization, 26, § 4. 

Courts of U. S. to have jurisdiction of offences under act, 26, § 4. 

Aliens of African nativity may become citizens, 26, § 7. 

Penalty for fraudulent issue and use of naturalization papers, 64, § 12. 

For swearing falsely to procure naturalization certificate, 66, § 13. 

Certificates thus obtained to be null and void, 65, § 13. 

Penalty for voting on such certificates, 65, § 13. 

NEW TOWNSHIPS— 

Courts to order elections in, 144, § 248; 152, § 275. 

Mode of conducting elections therein, 145, §§ 249, 250; 152, § 276. 

NORTHAMPTON, COUNTY OF— 

Certain act extended so as to embrace all contested elections of borough and 
ward officers, and judge and inspectors of elections, 223, § 30. 

NORTHUMBERLAND, COUNTY OF— 

Time of holding township and borough elections in, 224, § 32. 

Number of councilmen in borough of, 224, § 33. 

How councilmen to be chosen, 224, § 33. 

Vacancies, how filled, 224, § 33. 

NOTICE OF ELECTIONS— 

To be given by sheriff, 88, § 17. 

By coroner in sundry cases, 89, § 18. 

What do contain, 88, § 17. 

Presidential electors chosen, to receive notice, 119, § 117. 

PEACE OFFICERS— 

To clear windows or avenues to polls, 99, § 45. 

Penalty for neglect or refusal, 99, § 45. 

To report disturbances at elections, with names of witnesses to prove same, 
99, § 46. 

N 

PENALTIES—See the several officers. 

On electors for taking bribes, 106, § 71. 

Under act to enforce Fifteenth amendment—See Amendment , Fifteenth , act to 
enforce. 

Under naturalization laws—See Naturalization of Aliens. 

Under registry law—See Registry Law. 

On any person for corruptly influencing electors, 106, § 72. 

On constables and supervisors for neglect of duty, 99, § 45; 106, § 73. 

On county commissioners for adding or omitting names of persons assessed, 10 /, 
§§ 74, 75; 109, § 84. 

On county and township officers, for unlawful receipt of taxes. 107, § 75. 

On judges, inspectors and clerks for failure to attend, or neglect of duty, 10/, 
§§ 76, 77. 

On election officers, for acting without being qualified, 108, § 78. 

for any wilful fraud at elections, 108, § 79. 


280 


INDEX 


P *3 N A LTIES— Continued. 

On election officers, for rejecting votes of qualified voters, 10S, § 80. 

for receiving votes without proof, 108, § 81. 
for prying into tickets, 108, § 82. 

On any person for unlawfully defacing or destroying tickets, 109, § 83. 

On assessors for neglecting to return and assess citizens, 109, § 85. 

On commissioners for neglecting to supply ballot-boxes, &c., 109, § 86. 

For obstructing election officers in discharge of duty, or disturbance at polls, 
109, § 87. 

Additional penalty when offender not a resident, 109, § 87. 

For fraudulent voting, 43, § 88. 

For voting more than once, or two tickets, 109, § 89. 

For interference with elections by other than qualified electors, 109, § 90. 

For swearing falsely, or procuring others to do it, 110, § 91. 

For making or issuing false receipts or certificates, 111, § 92. 

On prothonotary or sheriff, for neglect of duty, 111, § 93. 

On justices of peace, neglecting to receive and safely keep ballot-boxes, 111, § 94. 
How fines and forfeitures recoverable, 111, § 95. 

Suits and prosecutions for, limited to one year, 111, § 95. 

On officers, for neglect or refusal to perform duty, 111, § 96. 

For betting or offering to bet on elections, 112, §§ 98, 99. 

Limitations on prosecutions therefor, 112, §§ 98-102. 

On directors of poor, for neglecting to bring suit, 113, § 102. 

On election officers, for neglect of duty, 203, § 31. 

for wilful fraud, 214, § 66. 

PHILADELPHIA— 

Registry law applicable to, 64, §§ 12, 13; 66, §§ 19-43; 77, §§ 1-10; 216, §§ 73-77* 
Special provisions for, 195-217. 

Assessors— 

Duties of, 195, §§1,2; 196, §§ 3, 4, 5, 6. 

When to make extra assessment, 195, § 2; 196, § 4. 
only on personal claim, 196, § 3. 

Orthography, occupation and residence to be noted on lists, 196, §§ 5, 6. 
Compensation of, 196, § 7. 

Mayor—S ee Elections. 

Term of office and qualifications, 205, § 38; 206, § 40. 

Vacancies, how filled, 206, § 38. 

Common Councils—S ee Elections. 

Select Councils— See Elections. 

City Commissioners—S ee Elections. 

To furnish necessary boxes, blanks, &c., for elections, 196, § 7. 

alphabetical window lists, to election officers, 196, § 7. 

To perform all duties of county commissioners relating to elections, 197, § 8. 
To issue precepts to assessors, 197, § 9. 

What list of taxables to be furnished by, 197, § 10. 

Ineligible to certain offices, 215, § 70. 

City Controller. City Treasurer. CiT\ r Solicitor—S ee Elections. 
Constables— 

To be equal in number to aldermen, 211, § 60. 

Contested Elections— 

All municipal elections may be contested in common pleas, 214, § 67. 
except city councils, 214, § 64. 

Certain wilful misconduct of officers a misdemeanor, 214, § 66. 


INDEX. 


281 


PHILADELPHIA— Continued. 

Elections— 

Mode of conducting, 201-205, §§ 24-37. 

Forms of tickets, 202, §§ 24-27. 

And see ante, 94, §§ 35, 36. 

Return judges of, when and where to meet, 202, §§ 24, 25. 

Time for opening and closing polls, 202, § 26. 

How returns and certificates made out, 202, § 28 ; 203, § 32. 

For mayor, when held, 205, § 38; 206, § 39. 
term of office, 206, § 40. 
vacancy in office of, how filled, 206, § 38. 

For select councils, how chosen, and classified, 206, § 42. 

For common councils, how elected and terms of office, when to meet and or¬ 
ganize, ,207, §§ 43, 44. 

in Twenty-fifth ward, 208, § 45. 
in Twenty-sixth ward, 208, § 46. 
in Twenty-seventy ward, 208, § 47. 
in Twenty-eighth ward, 208, § 48. 
in Twenty-ninth ward, 208, § 49. 

Vacancy in select council, how filled, 209, § 50. 

City treasurer, when elected, 209, § 51. 

vacancy in, how filled, 209, § 51. 

Receiver of taxes, when and how elected, 209, § 52. 

City controller, when and how elected, 209, § 53. 

City commissioners, when and how elected, 209, § 54. 

to perform duties of county commissioners, 209, § 54. 

City solicitor, when and by whom elected, 210, § 55. 

duties of, and assistants, 210, § 55. 

Aldermen, when and how elected, 210, §§ 356-359. 

how additional authorized, 210, § 57. 
certain wards excepted from general law, 210, § 5S. 
constables to be equal in number to aldermen, 211, § 60. 
not to receive taxes unless specially authorized, 213, § 65. 

Certain misconduct of officers at, a misdemeanor, 213 § 66, 

Election Districts in— 

How established, 198, § 11. 

Councils to fix place of holding elections in, 198, § 11; 198, § 12. 

to notify sheriff of same, 198, § 12. 

How places of holding elections changed, 198, § 13. 

How election officers appointed in new districts, 199, § 14, 

Frauds— 

Special measures to prevent, 211-214, §§ 61-66. 

Certain wilful misconduct of officers—a misdemeanor, 214, § 66. 

Inspectors —See Return Inspectors. 

Special, how appointed, to prevent frauds, 211, § 61. 

Duties of, and compensation, 211, § 61. 

Penalty on for refusal to discharge duties, 212, § 62. 

Court may remove and select others, where of same party, 212 § 64. 

Judges —See Return Judges. 

Judges and Inspectors —See Return Inspectors, Clerks, and Judges. 

May be re-elected, 216, § 72. 

r 


0 


282 


INDEX 


PHILADELPHIA— Continued. . 

Penalties— 

On special inspector, &c., for neglect or refusal to discharge duties, 212, § G2. 
On election officers, for wilful misconduct, 213, § 65. 

for neglect of duty, 203, § 31. 

Deceiver of Taxes —See Elections. 

When to enter on duties, 206, § 41. 

To appoint deputies for each ward, 213, § 65. 

Duties of persons so appointed, 213, § 65. 

Penalties on, for misconduct, 213, § 65. 

Return Inspectors and Clerks— 

When and how elected, 199, §§ 15, 16. 

Duties of, at elections, 199, § 17. 

• Judges to decide in cases of disagreement between, 200, § 18. 

Time of meeting and appointment of clerks, 200, § 19. 

How vacancies in, filled at polls, 200, § 20. 

Form of oaths to be taken by, 200, § 21. 

How oaths to be signed and certified, 201, § 22. 

Existing laws extended to, 201, § 23. 

Compensation of, 201, § 23. 

Return Judges— 

When and where to meet, 201, §§ 24, 25 ; 204, § 33. 

Duties of, as to ballot-boxes, &c., at close of polls, 202, §§ 28, 29, 30. 

Duties of, at special elections for senator and representative, 205, §§ 28, 29, 30, 
Compensation of, 206, §§ 36, 37. 

School Directors— 

Must reside in their respective wards, 216, § 72. 

How vacancies filled, 216, § 72. 

Sheriff— 

To be notified by councils of change in places of holding elections, 19S, § 12. 
To give notice of elections, 215, §§ 6S, 69. 

Vacancies— See the several offices. 

PIKE, COUNTY OF— 

Time of holding township elections in, 218, § 3. 

POLLS— 

When to be opened and closed, 84, § 5; 94, § 3L 
At elections in military service, 178, § 3. 

POOR DIRECTORS—See Directors of the poor. 

POTTER, COUNTY OF— 

Time of holding township and borough elections, 224, § 34. 

PRESIDENT OP THE UNITED STATES— 

Term of office, and how elected, 9, § 1; 118, § 114; 119, § 121. 

Who disqualified as electors for, 11, § 3. 

Who to act as, in case of death, 13, § 9. 

H >w vacancy to lie filled by election, 13, § 10. 

When term of, to commence, 14, § 12. 

PRESIDENTIAL ELECTORS—See President. 

Wnere to meet, and how to ballot, 10, § 1; 12, § 2; 119, § 118. 

Returns, how made, 10, § 1; 12, § 2; 12, § 3. 

Appointment of, 12, § 1; 15, § 1. 


INDEX. 


« 


283 


PRESIDENTIAL E LECTO RS— Continued. 

When to be chosen, and how vacancies filled, 117, § 111; 14 § 1; 118 § 114; lb’, 
§ 119. 

k Duties of assessors in relation to election of, 117, § 112. 

Sheriff to give notice of election, 118, § 115. r 

Kind and contents of tickets, 118, § 116. 

Governor to make proclamation of electors chosen, 119, § 117. 

Electors to be notified of election, 119, § 117. 

Compensation of, 119, § 120. 

How special election for, conducted, 119, § 121. 

PROCLAMATION— 

To be issued to deserters by President, 15, § 21. 

Rights of citizenship forfeited on failure to comply, 15, 16, § 21. 

PROTHONOTARY— 

To send copies of returns to secretary of the commonwealth, 101, § 63. 

To record election returns, 104, § 63. 

To lay certain returns before court of quarter sessions, 105, § 63. 

To give certified copies of papers in his office, 105, § 64. 

Penalty for neglect or refusal to perform duties, 111, § 93. 

To notify the governor of contested election of j ustices of the peace, &c , 145, §251. 

To notify the secretary of the commonwealth of acceptance of justices, &e., 148, 
§ 257. 

PROTHONOT ARIES, CLERKS, REGISTERS AND RECORDERS— 

When and by whom elected, 131, § 170. 

How these offices held in the several counties, 131-140, §§ 171-233. 

How elections of, conducted, 140, § 234; 142, § 239. 

Returns, how made, 140, § 235. 

Official terms, and when commissions to issue, 140, § 235. 

Vacancies in, how filled, 141, § 236. 

How elections of, contested, 141, § 237. 

Form of tickets, 142, § 238. 

QUALIFICATIONS OF ELECTORS—See Electors. 

READING, CITY OF— 

When assessors to take up transcripts received from county commissioners. 234, 
§ 37. 

When to place list of voters on house where elections are held, 234, § 38. 
Portion of act of June 2, 1871, repealed as to, 234, § 39. 

Qualification of voters, 234, § 40. 

Councils may divide wards into precincts and fix places for holding elections, 
135, § 41. 

What officers to conduct first election in precincts, 235, § 42. 

How additional officers to be appointed, 235, § 42. 

Officers chosen in 1869 to conduct first election in precincts where they reside, 
236, § 43. 

Additional judges or inspectors to be appointed by court, 236, § 43. 

County commissioners to furnish boxes, blanks, &c., 236, § 44. 

Returns of election, 236, § 45. 

RECORDERS—See Rrothonotaries, Clerks , Registers and Recorders. 

REGISTERS—See rrothonotaries, Clerks , Registers and Recorders. 


284 


INDEX 


REGISTRY LAWS— 

Assessors to commence revision of transcripts first Monda\* in June, 58, § 1. 
Their duties when revision is completed, 58, § 1. 

To make lists of voters, 58, § 1. 

To make separate lists of new assessments, 59, § 1. 

Duty of county commissioners and assessors on completion of lists, 59, § 2. 
Provisions when wards, <fcc., are divided into precincts, 60, § 2. 

Return of extra assessments, when and how made, 60, § 3. 

To be added to lists, and copy furnished election officers, 60, § 3. t 

Proof required of persons whose names are not on list, 61, § 3. v 

Affidavits to be preserved and enclosed with list of voters, 61, § 3. 

Names of applicants entitled to vote to be added to list of taxables, 62, § 4. 
Challenges authorized—proof, 62, § 5. 

Naturalized citizens to produce certificates, 62, § 5. 

Penalty for receiving or offering second vote on same certificate, 62, § 5. 

For refusal of officers to require proof prescribed by law, 62, § 6. 

Duty of assessors when Presidential election is to be held, 63, § 7. 

Special elections, &c., 63, § 8. 

Assessors and election officers authorized to administer oaths, 63, § 9. 

False swearing, how punished, 63, § 9. 

Compensation of assessors, 63, § 10. 

Not to assess tax within ten days of election—penalty, 64, § 10. 

Two overseers at elections to be appointed in certain cases—powers, 64, § 11. 
Penalty for fraudulent issue and use of naturalization papers, 64, § 12. — 

For swearing falsely to procure naturalization certificates, 65, § 13. 

Certificates thus obtained to be null and void, 65, § 13. 

Penalty for voting on such certificates, 65, § 13. 

For neglect of duty by assessors, &c., 65, § 14. 

For altering lists of voters, 66, § 14. 

Elections, when to be held, 66, § 15. 

Persons elected, when to take places, 66, § 15. 

Opening and closing of polls, 66, § 16. 

Secretary of commonwealth to prepare forms for blanks, 66 § 17. 

County commissioners to furnish copies to election officers, 66, § 17. 

What to apply to Philadelphia, 66, § 18. 

Certain citizens not to be deprived of right to vote, 66, § 19. 

Repeal of former acts, 67, § 20. 

Board of aldermen created for Philadelphia, 67, § 21. 

Meeting and organization of board, 67, § 22. 

Appointment of division canvassers, qualifications, 67, § 23. 

Places of meeting of canvassers, &c., 68, § 23. 

Board of aldermen to appoint officers to conduct election, 68, § 24 ; 216, § 71 
Of whom said officers to consist and how Selected, 68, § 24. 

Judges of common pleas to revise appointments and fill vacancies, 68, § 25. 
Neglect of canvassers or election officers to serve, relative to, 69, § 26. 
Assessors to make out lists of electors before first June, 69, § 27. 

How classified, 69, § 27. 

Assessors division transcripts, when to be made out, &c., 70, § 27. 

To be verified by affidavit, 70, § 27. 

Copies with certain notices to be posted, 70, § 27. 

Meeting of assessors for making extra assessments, 70, § 28. 

Names to be entered in book on personal application, 70, § 28. 


INDEX. 


285 


t 

REGISTRY LAWS— Continued. 

Claimant to make affidavit, what to set forth, form, 71, § 23. 

Assessors to fill blanks and sign jurat, 72, § 28. 

Proof required of aliens, 72, § 23. 

To register names on list, assess tax and give certiticate, 72, § 23. 

Form of certificate of assessment, 72, § 28. 

Copies of extra assessments to be delivered to commissioners and receiver of 
taxes, 72, § 29. 

Receiver to retain certificate, receive tax, and give receipt, 72, § 29. 

Form of receipt for tax, 73, § 29. 

Receiver to keep all affidavits, certificates, <fcc., 73, § 29. 

Commissioners to deliver transcripts, &c., on order of canvassers, 73, § 30. 
Penalty for neglect to produce transcript at meeting of canvassers, 73, § 30. 
Where and when canvassers to meet, 73, § 31. 

Authorized to administer oaths, issue subpoenas, <fce., 74, § 31. 

To enter names on canvassers’ list on due proof, 74, § 31. 

Proof required of claimants whose names are not on assessors’ division tran¬ 
script, 74, § 32. 

Proof required of persons claiming right to vote on age, 74, § 33. 

Proof of residence, relative to, 75, § 34. 

Proof required of persons of foreign birth, 75, § 35. 

Canvassers to strike from transcript names of persons not entitled to vote, 
76, § 36. 

To revise extra assessment books, 76, § 36. 

To add names on canvassers’ lists, 76, § 36. 

What to constitute registry of voters, 76, § 36. 

One register to be delivered to commissioners and one to election officers, 76, 
§ 36. 

Duties of canvassers when Presidential election is to be held, 76, § 36. 
Register to be evidence of residence, 77, § 37. 

What required of persons whose names are on extra assessment book, 77, § 37. 
What required of persons of foreign birth, proviso, 77, § 37. 

Penalty for fraudulent attempt to have name placed on extra assessment lists, 
<fcc , 77, § 38. 

Canvassers and election officers to be sworn, 78, § 39. 

J udge or inspectors may administer oaths, 79, § 39. 

Inspector to keep register of voters, 78, § 39. 

Receiving ©f votes, tickets, 78, § 40. 

Meeting of return judges, 79, § 40. 

Duty of council of Philadelphia, 79, § 41. 

City commissioners to furnish books, &c.,79, § 41. 

To furnish lists of aldermen to board of aldermen, 79, § 42. 

Compensation, 79, § 42. 

Division canvassers to perform duties of assessors by former act, 80, § 1. 

List of electors by whom and when to be made, 80, § 1. 

List, how prepared, 80, § 1. « 

Transcripts to be delivered to commissioners, 80, § 1. 

Copies of transcripts, with notices, when to be printed, 80, § 1. 

Canvassers to make certificates before required of assessors, 80, § 2. 

When petitions for revision of appointments to be presented to court, 80, § 3. 
Court not to fake action on petitions unless verified by affidavit, 80, § 3. 
Certain persons not disqualified from serving as election officers, 81, § 3. 

Poll tax, assessment cf, <fcc., proviso, 81, § 4. 


280 


INDEX 


REGISTRY LAWS— Continued. 

Meeting and duties of judges of election divisions, 81, § 5. 

Board of alderman to designate places of meetings, 81, § 5. 

Penalty for attempting to vote by persons not citizens, 81, § 6. 

For persuading persons, not citizens, to vote, 81, § 7. 

Places of election officers not present, how filled, 82, § 8. 

Penalty for assaulting electors at or near polls, 82, § 9. 

Freemen, without distinction of color, to be registered and entitled to vote, 
82, § 10. 

Compensation of assessors of Philadelphia, 82, § 10. 

How election officers to be appointed, 216, § 73. 

Court may restore names erased from registry list, 216, § 74. 

City commissioners to furnish copy of list used at general elections to officers 
of special elections, 217, § 75. 

What proof to be required of voters not on list, 217, § 75. 

Duty of inspector keeping list on election day, 217, § 76. 

Penalty for neglect, 217, § 76. 

For receiving votes of persons not on list, 217, § 77. 

REPRESENTATIVES IN CONGRESS, 9, 11. 

When and how elected, 9, §§ 2-4; 121, § 127. 

How apportioned, 11, § 2. 

Basis of representation for, 11, § 2. 

Who disqualified as, 11, § 3. 

To be elected by single districts, 15. 

Notice of election of, to be given by sheriff, 121, § 128. 

REPRESENTATIVES IN LEGISLATURE— 

When chosen, 53, § 2. 

How returns thereof, made, 103, § 57. 

How elections for, contested, 164, § 1; 171, § 23; 173, §§ 28-30. 

KSIDENCE— . 

As qualification of voter, 53, § 1. 

Required of judges of the courts, 55, § 2. 

What evidence of, required of voter, 98, §§ 42, 43. 

Judicial decisions upon, 265, §§ 165, 167, 168. 

ETURNS OF ELECTION— 

For President and Vice President, 12, §§ 2, 3, 4. 

Congress to open, 13, § 5. 

Secretary of State to receive, 13, § 6. 

Penalty for neglect to deliver, 13, § 8. 

RETURN JUDGES—See Judges and Inspectors . 

To take charge of certificates of election, 101, § 53. 

Times and places of meeting of, 101, §§ 53, 54. 

In case of sickness, &c., inspectors or clerks to perform duties of, 101, § 53. 
Duties of, when electors of more than one district vote at same place, 101, § 54. 

when assembled in convention, 101, §§ 55-61. 

How to dispose of imperfect certificates of election, 102, § 56. 

What number of returns to make, and how disposed of, 103, §§ 57-61. 
Compensation of, 104, § 62; 151, § 272. 

Duties of, when two or more counties compose a district, 103, §§ 59, 60. 

To transmit certificates to persons elected, 104, § 61. 


INDEX. 


287 


RETURN JUDGES— Continued. 

Duties of, in election for prothonotary, clerks, &c M 140, § 235. 

No compensation allowed in certain cases, 151, § 272. 

Duties of, in elections by soldiers, 182, §§ 17, 19, 20. 

SCHOOL DIRECTORS AND CONTROLLERS— 

How and when elected and term of office, 153, § 278. 

How returns made, 154, § 279. 

Vacancies, how filled, 154, § 280; 155, § 284. 

When directors may be appointed, in place of others refusing to attend, 154, 
§ 281. 

When courts may remove, 155, § 282. 

Exempt from certain duties, 155, § 283. 

In case of tie, how adjusted, 155, § 284. 

How chosen in independent school districts, 156, § 285. 

SCRANTON, CITY OF— 

Election and term of office of treasurer, 237, § 46. 

Closing of polls, 237, § 46. 

When election for officers of mayor's court to be held, 237, § 47. 

When election for city officers to be held, 237, § 47. 

Notice of election, 237, § 47. 

Returns, when made, 237, § 48. 

Ninth ward divided into two election districts, 237, § 49. 

Second district of Twelfth ward divided into two election districts, 238, § 50. 
Places of holding elections, 238, § 51. 

SECRETARY OF THE COMMONWEATH— 

Duties of, 105, §§ 65-70. 

To send for copies of returns, 105, § 65. 4 

To lay certain returns before governor and speaker of the Senate, 109, § 66. 
To take returns into the House of Representatives, 105, § 67. 

To deliver returns of governor to speaker of Senate, 105, § 67. 

Duty as to returns of special elections, 105, § 69. 

* elections by soldiers, 183, §§ 21-23; 183, § 3S. 

SENATORS OF UNITED STATES—See United States Senators. 

SENATORS, STATE— 

When and how elected, 53, § 5, 

How returns thereof made, 103, § 57. 

How elections for, contested, 164, § 1; 170, § 22; 173, §§ 28-30. 

SHERIFF— 

When and how elected, 56, § 1. 

Term of office and eligibility, 56, § 1. 

To give notice of elections, 88, § 17; 157, § 287-2S9 ; 158, § 292-296. 

Contents of such notice, 88, § 17. 

To clear windows or avenues to polls, 99, § 45. 

Penalty for neglect or refusal, 99, § 45 ; 111, § 93. 

To prosecute for betting on elections, 112, § 100. 

What to insert in proclamation as to rights of deserters to vote, 193, § 8. 
SOLDIERS— 

Rights of citizenship forfeited by desertion, 15, § 21. 

Authorized to vote when in military service, 54, § 4 ; 197, §§ 1, 2, 3, 4, <fcc. 

No body of, to be present at elections, 159, § 298. 


288 


INDEX. 


SOLDIERS— Continued. 

How elections by, contested, 183, § 22. 

May vote by proxy in certain cases, 1*85, § 33; 183, § 34. 

SPEAKER OF THE SENATE— 

When to issue writs to fill vacancies, 158, §§ 292-29G; 170, § 21. 

SPEAKER OF THE HOUSE— 

When to issue writs to fill vacancies, 158, §§ 292-290; 170, § 21. 

STATE TREASURER— 

When and how elected, 56, § 6; 125, §§ 141-147. 

How vacancies supplied, 122, § 147. 

When treasurer may hold over, 126, § 148. 

When term of office to commence, 126, § 149. 

• 

SUPERVISORS— 

When to give notice of township elections, 150, § 266. 

SURVEYOR GENERAL— 

When and how elected, 126, § 150. 

To be commissioned by governor, 127, § 151. 

How vacancies filled, 127, § 152. 

SUSQUEHANNA, COUNTY OF— 

Time of holding township elections in, 218, § 3. 

Constables not required to make returns to court, 219, § 7. 

attendance of, at elections, how paid, 219, § 8. 

TAXES— 

State or county, to be paid by elector, 54, § 1. 

To be levied on voters by assessors, 88, § 14. 

Collector of, penalty on, for unlawfully receiving, 107, § 75. 

TICKETS— 

Form of, 94, §§ 35, 36. 

May be written or printed, 94, §§ 35, 36. 

To be deposited in separate boxes, 96, § 38. 

Deceitfully folded, or having too many names, to be rejected, 100, § 50. 

Tally lists, Ac., how disposed of at close of polls, 100, § 51. 

TIOGA, COUNTY OF— 

Time of holding township and borough elections, 224, § 36. 

TOWN COUNCIL— 

Manner of electing, how vacancies supplied, 156, § 236. 

TOWNSHIP AUDITORS— 

When and by whom elected, 151, § 269. 

TOWNSHIP OFFICERS—See the several offices. 

How elections for held, 150, §§ 266-270. 

Where township is divided, 152, §§ 276, 277. 

Constables to give notice of, 150, § 266. 

When and by whom elections for to be held, 150, § 267. 

TREASURER, STATE—See State Treasurer. 

UNITED STATES SENATORS— 

Election of, regulated by legislature and by Congress, 9, § 4; 120, §§ 122-126. 
Who disqualified as, 11, § 3. 


INDEX. 


289 


UNITED STATES SENATORS— Continued. 

How elected by legislatures, 17, § 1 ; 120, §§ 122-126. 

How vacancy tilled by legislature, 18, § 2; 121, § 124. 

Certificates of election to be signed by governor, 18, § 3; 121, § 126. 

UNITED STATES TROOPS—See Soldiers. 

VACANCIES— 

In U. S. House of Representatives, how tilled, 9, § 2. 

Senate, how tilled, 18, § 2. 
judiciary, how tilled, 55^ § 2; 124, § 140. 
office of sheriff, how tilled, 56, § 1. 
office of coroner, how tilled, 56, § 1. * 

Of judges and inspectors, 90, § 20. 

Of clerks, how supplied, 90, § 21. 

In state treasurer, how supplied, 126, § 147. 

auditor general and surveyor general, how filled, 127, § 152. 
district attorney, how filled, 129, §§ 159-161. 
county surveyor, how filled, 131, § 169. 
prothonotaries, clerks, &c., how tilled 141, § 236. 
county treasurer, how filled, 143, § 244. 

justice of the peace and aldermen, how filled, 148, §§ 258-260. 
county commissioners, how filled, 149, § 263. 
school directors, how tilled, 154, § 240; 155, § 284. 
member in Congress, how filled, 157, §§ 287-290. 

Senate and House, how filled, 158, § § 292-296. 

VICE PRESIDENT- 

HOW elected, 10, §§ 1, 2; 118, § 114. 

Who eligible, 11, § 3. 

Who disqualified as electors for, 11, § 3. 

VOTERS. 

Who qualified as such, 57, § 1; 96, § 39. 

To vote by ballot, 54, § 2. 

Except when in representative capacity, 54, § 2. 

When privileged from arrest, 54, § 3. 

In military service have a right to vote, 54, § 4; 177, §§ 1, 2, 3, &o. 
Disfranchised by desertion, 15, § 21. 

Evidence of qualification as, 96, § 40; 97, §§ 41, 42. 

On age, may vote without payment of taxes, 54, § 1; 96, § 39. 

Required to prove payment of taxes and residence, 97, § 41 ; 98, §§ 42, 43. 

Removing out of the district within ten days of election may return and vote, 
98, § 44. 

Votes of, to be rejected for betting, 113, § 101. 

Illegal voters compelled to disclose for whom they voted, 169, § 18. 

Judicial decisions on question of right to vote, 248-250, §§ 1-17. 

WAGERS ON ELECTIONS— 

Prohibited 112, § 97. 

All contracts, &c., thereon, null and void, 112, § 97. 

Penalty therefor, 112, § 98. 

for betting or offering to bet, 112, § 99. 

Duty of certain officers to prosecute offenders, 112, § 100. 

Votes of pers#n$ jA)fcfcin<|*to b<e rejected",; l j^iOi. 

19 ~ v 


s 


290 


INDEX 


WAGERS ON ELECTIONS— Continued. 


) 


To be sued for, by directors of the poor, 113, § 102. 

Judicial dicisions upon, 261, 263, §§ 134-145. 

WARREN, COUNTY OF— 

Time of holding township and borough elections, 224, § 37. 

WASHINGTON, COUNTY OF— 

Mode of voting at borough elections in, 225, § 46. 

WAYNE, COUNTY OF— 

Time of holding township elections in, 218 § 3. 

WILKESBARRE. Cl TY OF— 

Time for holding elections, 238 § 52. 

> Mayor, constable, auditors, councihnen, terms, 238, § 52. 

Judges to appoint additional oouncilmen and till vacancies, 239, § 52. 

election officers, places of voting, 239, § 52. 

Election officers and constable to be elected in each ward annually, 240, § 53. 
Election of school directors, 240, § 54. 

Meeting of return judges, contested elections, 240, § 55. 

WILLIAMSPORT, CITY OF— 

Who entitled to vote f >r mayor, &c., 241, § 56. 

Second ward divided into two wards, 241, § 57. 

Number of couucilmen wards entitled to, 241, § 57. 

Election and terirs of office of councilmen, 241, § 57. 

Place of holding election in Eighth ward, 242, § 57. 

Who to hold first election, 242, § 57. 

Certain officers to continue until next election, 242, § 57. 

Time of holding elections, 242, § 57. 

Recorder to be elected and commissioned, 242, § 58. 

Auditors to be elected. Compensation, 242, § 59. 

Returns of elections, 242, § 60. 

Contested elections, 243, § 60. 

WITNESSES— 

Pay of, in contested election cases, 172, § 26 ; 173, § 30; 175, §§ 37, 38. 

WYOMING, COUNTY OF— 

Mode of voting in, regulated, 225, § 45. 

Sheriff’s proclamations in, 225, § 46. 

Time of holding township and borough elections, &c., 224, § 39, 40. 

YORK, COUNTY OF— 

Manner of voting in, 225, § 42. 






r 


1 





















/ X % • 

J? o oNo * 

* *> ▼. 


o v 



C,^ V ^T' ° 

* «/ % °. , . x 
* 6 V x*, *o . * * A 

.*'.•, ^o aV 


* XX 

* # ^f. 


^ 0 * 


<Ti 

<^ V c°I% < 

* .o -V ' <S£Os\\1\'«-* 

* ^o > ° 

o ^?' 7 ^ <a5 ^ "^31^2*° *9 \<z4y/m&> 

<U ON ° a 0 •" - & %, °"° a 0 ^ • <1 < 

c>. <9 V o** 9 * V V * s !ol/* ,<r ** # °* v- v 

r. x'D’ • A a 'r. XV ► 51 * 




° ^ Ss> 

° ^X-V 
* 

ff ^ ^ g »^ 

V V 



^ % ^~V> *> 

<> «»■> 

*> V * S -M'* o 

\\ W 

% * / % \ \ 

.o*Vj£« V 

:£mt* : . *b& : 

0 *9 ^ ” 


> _<* T. a A 

A * 





<» *'TT.* .&* -- 

X ,-0* ^t-, 

- X. ,<? S-#**-* O 

". 6 * 

* ,4° 


% ,-mw>*.' r >' ’’a Vw«*’> -V 

°* ••vs* X V •..'•’ ,** 

C*. 4 <y .< *o* '*'> A % s • • * 

*• / .*•«"»■*- - A *'*^' + 
*- tr -:™^* 





o - lO -TV v 

+ ^sviwvoe * ^ * 

°<U ° N ° A? ^ 

c\ ,<y * < * V* 

^ * . <e 5* • 



• *> • * * ^-> 
G° *Vv?#b,V o 



vPC, 

*’ -* 

' * AX o 

N ^ ^sxVv\iY%,^ T 


o ^ 

° ^>/V 


v 












*0 N 


"ok 

y i&mrS 

.0^ * V * ^ V t ^ 

* % # * 






r * aV«V - ° J> ' J j\ v 

/ <y ^> ^SGr>* ^ ^ 

A o ♦'TV.* j&r *o 

*’^a£* %> « c /A*. 

: i ’2ffM" ^o* .« 

-/s^ ;3fS> * A o 

A> * 

^ "b 

'p* v. 

b. *0 P * 

^ A *■ 

A * 

«T> V • 


* * \f :» ^ : 

° '^WmZ r, * 

A° 0 ^ *"’*’ .. °* 

V ,/v4*i:.«.% « v \‘^. c 

-fisiwa; W ;JfS|| r - 

. \>>v “1 o *•% *T> o vyyy^Avvv * 





OCT 83 

N. MANCHESTER, 


* *a ri :$§ 

• A'V “.I 

»t c « ^ <> A o ° * ° * ^ 

■ It /V^Z-, * J*l> • fCWvtw^ 
































